Emancipation

[NavyMA9502]

What is the name of your state? Indiana

My oldest son is in college as well as my second son. The oldest will be 21 this month (March) and the second one will be 20 this August. The question is when can I be emancipated from paying support? It was my understanding that in the state of Indiana the support paying parent has to pay until they both turn age 23 of drop out of school or fall below a "C" average. I have searched and still have not found a definitive anwer. Please adivse, I have to younger children from my current marrigage to raise as well. I have asked my older son's mother to provide me with a copy of my oldest sons report cards for several years and her lawyer keeps telling her she doesnt have to provide that. Im in the United States Navy and stationed away from the state of Indiana.

 

[Zephyr]

what does your court order say?

 

[Silverplum]

I'm not from IN, but here's some online IN info:

http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=IN#11

http://www.divorcenet.com/states/indiana/in_art01

http://www.divorcenet.com/states/indiana/in_faq05

 

[Neal1421]

What is the name of your state? Indiana

My oldest son is in college as well as my second son. The oldest will be 21 this month (March) and the second one will be 20 this August. The question is when can I be emancipated from paying support? It was my understanding that in the state of Indiana the support paying parent has to pay until they both turn age 23 of drop out of school or fall below a "C" average. I have searched and still have not found a definitive anwer. Please adivse, I have to younger children from my current marrigage to raise as well. I have asked my older son's mother to provide me with a copy of my oldest sons report cards for several years and her lawyer keeps telling her she doesnt have to provide that. Im in the United States Navy and stationed away from the state of Indiana.

Based on the IN guidelines alone, you have to continue paying until the child turns 21.



IC 31-16-6-6
Termination or modification of child support; emancipation of

child
Sec. 6. (a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary or postsecondary school for the prior four (4) months and is not enrolled in a secondary or postsecondary school; and
(C) is or is capable of supporting himself or herself through employment.
In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:
(1) has joined the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court;
the court shall find the child emancipated and terminate the child support.

 

[Gracie3787]

What is the name of your state? Indiana

My oldest son is in college as well as my second son. The oldest will be 21 this month (March) and the second one will be 20 this August. The question is when can I be emancipated from paying support? It was my understanding that in the state of Indiana the support paying parent has to pay until they both turn age 23 of drop out of school or fall below a "C" average. I have searched and still have not found a definitive anwer. Please adivse, I have to younger children from my current marrigage to raise as well. I have asked my older son's mother to provide me with a copy of my oldest sons report cards for several years and her lawyer keeps telling her she doesnt have to provide that. Im in the United States Navy and stationed away from the state of Indiana.

If your oldest child meets all the criteria for ending CS, you'll need to file for a modification so that you'll be paying only for the youngest child. Make sure to run the numbers though, because if your income has increased alot, the reduction may not be much.

 

[VeronicaGia]

If your oldest child meets all the criteria for ending CS, you'll need to file for a modification so that you'll be paying only for the youngest child. Make sure to run the numbers though, because if your income has increased alot, the reduction may not be much.

Exactly. In fact, since the youngest child will now become the oldest, if our poster has not had his support modified in a while or if his income has gone up, his support may actually go up.

Sometimes it's better to "let it ride" depending on the numbers. One year from August and he'll be done paying.

 

[NavyMA9502]

Exactly. In fact, since the youngest child will now become the oldest, if our poster has not had his support modified in a while or if his income has gone up, his support may actually go up.

Sometimes it's better to "let it ride" depending on the numbers. One year from August and he'll be done paying.

I just had the increase last July, it actually was increased by 3 times.

 

[MrsK]

I just had the increase last July, it actually was increased by 3 times.

Then you should definetly run the numbers with an online calculator b/c it looks like you should only be paying for one child. If it looks promising, you can try for a modification.

 

[LdiJ]

Here is a link to the official Indiana Child Support Calculator. You can run the numbers there.

https://secure.in.gov/judiciary/childsupport/calculator/support.pl