Legal Question in Family Law in Indiana
Emancipation
My daughter is 20 and finishing college in April. She is
planning on marriage in June and moving to Florida thereafter. Can I file to have her taken off child support
upon graduation from college? Or will she automatically
be deemed emancipated, or will I even need to file for her
emancipation?
Thanks
--name removed--
1 Answer from Attorneys
Re: Emancipation
If there are other children under 21, you should file a petition to modify support as this one is emancipated by her marriage in June. Children in Indiana are automatically emanicpated by reaching age 21. However, if you are subject to an income withholding order to pay support, you need to petition the court to discontinue the order once the child is 21 or marries or enters the military service. You need to give the other parent notice so he or she can tell the court if there are arrears that remain to be paid. If there are younger children and you have a lump sum order, the amount does not change as a child leaves home, it only changes when the court enters an order of modification.