Legal Question in Family Law in Indiana

My son is 20 he moved out of his mother's house and in with his girlfriend in Aug. of 08 he was than 18 he is now living with his sister. I've been unemployed for the past 9 months and half of my unemployment goes to child support and with still having my 3 children that live with me I didn't and still don't have the money to hire an attorney. I was under the understanding until just recently that it cost money to file for modification . I now have a Feb. 10 court date and need to know what the laws are about going retro to Aug. of 08 to have the order stopped so that everything I've paid since Aug. of 08 comes off the amount of arrears I owe. Thank you, Chuck Annis


Asked on 1/27/10, 11:14 am

1 Answer from Attorneys

If you can prove that he was emancipated in August, the court should make this retroactive to that date. This is not a modification, rather it is an emancipation. If a modification, it is only retroactive to the date of filing. emancipation can be retroactive to the date that the emancipation actually occurred. You can go to the Indiana Code, Chapter 31 for the requiremnts of emancipation.

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Answered on 2/03/10, 5:00 am


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