Legal Question in Family Law in Indiana
In a divorce situation when the father has had custody of the child for nine years (age 9 - 18), and the mother has been paying child support, then the child at age 18 (working & not going to college) moves in with the mother, when would the child support stop? The mother has continued to pay child support for ten months, and has a court date to stop the child support. In that ten month period the child support has still been going to the father via direct deposit, but the father has not provided any care for the child, and has used the child support for his own living expenses. Will the judge rule that the ten months of child support be given to the child or will the mother be reimbursed?
2 Answers from Attorneys
Not before the mother filed her request to stop it. Any payments made after that, assuming mother was current, should be ordered repaid by the court.
I believe that under some circumstances there is some case law that will allow mother to recover child support back to the change. This is the exception to the rule that modification is retroactive to the date that a Petition to Modify is filed. Mother may also have an argument that an emancipation has taken place and that can also be retroactive. Mother needs to discuss her case in detail with her attorney. If she does not have one, she needs to hire counsel.
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