Legal Question in Family Law in Indiana
full time student
My son is 18, he lives with his grandparents at the moment. I just found out he hasn't been attending school full time. I understood he has to be in school full time for me to be responceable for support. he is working full time,what are my options pertaining to emancipation.
1 Answer from Attorneys
Re: full time student
I've been out of town in Kansas City, or I would have responded sooner.
You would need to ask the court to declare him emancipated. If he has reached age 18 and IS or IS CAPABLE of supporting himself and is not in school and will not be attending school this fall, then your chances are VERY good to get him emancipated.
You MUST go to court, though, because otherwise, the support payments will have to continue. In other words, you cannot just stop on your own.
Usually, the support will be stopped as of the date the court approved the emancipation. However, if there is an arrearage, it can be dated to the date of the petition's filing, with any overage applied toward the arrearage.
Make sense? E-mail or call if you have other questions.
Dorene Philpot
(317) 486-4578
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