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  1. #1
    VSPeck1 is offline Member
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    Can a child request child support?

    What is the name of your state (only U.S. law)? Indiana

    My grandson is 17 but will not be out of high school for another year and a half. His mother is deceased. He wishes to move out of his father's house when he turns 18 and either move in with me or his sister to finish high school. His father is currently his payee for social security benefits. When he turns 18 and moves out of his father's house, can he ask for child support since he is still in school? Will his social security benefits end when he turns 18 or when he graduates from high school? If he can request child support from his father after he turns 18, can he ask that it continue while he attends college?
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by VSPeck1 View Post
    What is the name of your state (only U.S. law)? Indiana

    My grandson is 17 but will not be out of high school for another year and a half. His mother is deceased. He wishes to move out of his father's house when he turns 18 and either move in with me or his sister to finish high school. His father is currently his payee for social security benefits. When he turns 18 and moves out of his father's house, can he ask for child support since he is still in school? Will his social security benefits end when he turns 18 or when he graduates from high school? If he can request child support from his father after he turns 18, can he ask that it continue while he attends college?
    He doesn't get to make adult decisions and then decide to be a child for a money grab. He is NEVER due child support for raising him. His father is his legal custodian. Child support would be paid to his dad.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    He doesn't get to make adult decisions and then decide to be a child for a money grab. He is NEVER due child support for raising him. His father is his legal custodian. Child support would be paid to his dad.
    And once he's 18 and moves out on his own, he's too old to request child support, anyway.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Child support would be paid to his dad.
    Presumably, FROM the mother to the dad. However, the mother is deceased in this case.

    This is a PERFECT example of why we want OP's to keep their related questions in a single thread.
  5. #5
    Silverplum is offline Senior Member
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    This is Indiana, one of the dumb states that thinks people are "children" all the way to age 21. IIRC, IN does college support, as well.

    Here's some googling that I didn't read because it's not my problem:

    http://www.in.gov/judiciary/rules/child_support/


    Emancipation info, bolding is mine because it's pertinent IMHO:

    http://www.in.gov/judiciary/selfservice/forms/cs-term-agree.html

    For purposes of child support, Indiana law (IC 31-16-6-6) considers a child emancipated if the child:

    is age 21;
    has joined the United States armed services;
    is married;
    is not under the care or control of either parent or someone else approved by the court; or
    is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and is or is capable of supporting himself or herself through employment.


    And there ya go.
  6. #6
    Zigner is offline Senior Member
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    The CHILD will not be collecting child support from anyone.
  7. #7
    Silverplum is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    The CHILD will not be collecting child support from anyone.
    It is good to make it perfectly clear.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    It is good to make it perfectly clear.
    That's all I intended to do
  9. #9
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    This is Indiana, one of the dumb states that thinks people are "children" all the way to age 21. IIRC, IN does college support, as well.
    Yes, but doesn't it still have to be requested before the child turns 18?
  10. #10
    Silverplum is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Yes, but doesn't it still have to be requested before the child turns 18?
    Maybe. I don't know. Like I wrote, I didn't read the CS info I posted because it's not my problem, not my state, not interested in the details.

    But it's the govt site, so I know it's correct.
  11. #11
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    Maybe. I don't know. Like I wrote, I didn't read the CS info I posted because it's not my problem, not my state, not interested in the details.

    But it's the govt site, so I know it's correct.
    Actually, even if it doesn't have to be requested by the age of 18, he can't get it. It says that he is emancipated:

    For purposes of child support, Indiana law (IC 31-16-6-6) considers a child emancipated if the child:

    is age 21;
    has joined the United States armed services;
    is married;
    is not under the care or control of either parent or someone else approved by the court; or
    is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and is or is capable of supporting himself or herself through employment.
    So if he turns 18 and then moves in with grandma, then he's no longer with either parent. Unless there's a court order putting him with grandma, then he's emancipated under the law - and couldn't get CS.
  12. #12
    Silverplum is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Actually, even if it doesn't have to be requested by the age of 18, he can't get it. It says that he is emancipated:



    So if he turns 18 and then moves in with grandma, then he's no longer with either parent. Unless there's a court order putting him with grandma, then he's emancipated under the law - and couldn't get CS.
    Yup. That part, I read. That's why I posted & bolded it.
  13. #13
    Zigner is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Actually, even if it doesn't have to be requested by the age of 18, he can't get it. It says that he is emancipated:



    So if he turns 18 and then moves in with grandma, then he's no longer with either parent. Unless there's a court order putting him with grandma, then he's emancipated under the law - and couldn't get CS.
    The question is moot before the issue of emancipation is even considered. The CHILD will not be getting child support.
  14. #14
    SESmama is offline Member
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    Seeing that the CS is social security benefits from Mom's passing, would it then be changed to the child being the payee? Just curious hownthat would work.
  15. #15
    Zigner is offline Senior Member
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    Quote Originally Posted by SESmama View Post
    Seeing that the CS is social security benefits from Mom's passing, would it then be changed to the child being the payee? Just curious hownthat would work.
    That may be how it works (others will have to comment), but where did it come about that the SS benefits are the CS in question?

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