Legal Question in Family Law in Indiana
Mother kicked out child, what are the fathers rights?
I had a child several years ago and was never married to the mother, the child is now 17 and will be 18 in December. I have always paid child support. The mother has had custody and recently kicked our daughter out of her home. The child is now staying with me, do I have to continue to pay support to the mother? How do I stop the support since she is now with me? How old does the child have to be to emancipate herself?
1 Answer from Attorneys
Re: Mother kicked out child, what are the fathers rights?
Presumptively, there was a court case that established paternity and the amount of support. You need to file a petition to modify support and request any income withholding order to stop support from coming out of your paycheck. Otherwise if you pay directly, you can merely stop paying after the child moves in with you. You need to have the custody order until the child is 21 or one of the parents files a motion to emancipate alleging the child has been graduated from high school for at least 4 months and is not planning on attending college or has gotten married or entered the military service prior to age 21. Otherwise your support obligation to the mother will continue.