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New Indiana child support maximum age and the legal meaning of the word 'emancipated'

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moflicky

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

Indiana recently changed the max age for child support from 21 to 19, eff. June 1. My son will turn 19 in July.

Here is the relevant statute: http://www.in.gov/legislative/bills/2012/SE/SE0018.1.html

There is considerable confusion in the press as to whether this applies to contracts (divorce decrees, etc.) that specify age 21 rather than a more general description - and I don't feel like being the test case.

My divorce decree says I will pay support until the child "reaches 21 years of age or is sooner emancipated".

I'm already paying for his education and he will be so the exception for education would apply, but would 'sooner emancipated' apply?
 


LdiJ

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

Indiana recently changed the max age for child support from 21 to 19, eff. June 1. My son will turn 19 in July.

Here is the relevant statute: http://www.in.gov/legislative/bills/2012/SE/SE0018.1.html

There is considerable confusion in the press as to whether this applies to contracts (divorce decrees, etc.) that specify age 21 rather than a more general description - and I don't feel like being the test case.

My divorce decree says I will pay support until the child "reaches 21 years of age or is sooner emancipated".

I'm already paying for his education and he will be so the exception for education would apply, but would 'sooner emancipated' apply?
What you quoted is not a change in the law, it is a "bill", which is a proposed change. It appears to have been passed by the senate but that doesn't mean that it has been signed into law.

It may have been and I will do some research to see if that it the case (although I have seen absolutely no publicity at all about it and I am in Indiana). However because your court orders are specific that child support goes to age 21 its unlikely that any new law would apply to you unless you file for a modification in court asking that your orders be amended based on any new law.
 

LdiJ

Senior Member
What you quoted is not a change in the law, it is a "bill", which is a proposed change. It appears to have been passed by the senate but that doesn't mean that it has been signed into law.

It may have been and I will do some research to see if that it the case (although I have seen no publicity about it at all and I am in Indiana) However because your court orders are specific that child support goes to age 21 its unlikely that any new law would apply to you unless you file for a modification in court asking that your orders be amended based on any new law.
I have done some research and it does appear, at least with a brief search that the law may have changed. HOWEVER...from what I have read it applies to orders issued after July 1, 2012. Since your order was obviously issued prior to July 1, 2012, and is specific, I think that the new law will not apply to you unless you specifically ask for a modification and are granted one. Consult a local attorney.
 

I'mTheFather

Senior Member
Well, actually, it is already a law. I must have been a little unclear in this thread:
https://forum.freeadvice.com/child-support-98/ot-big-changes-coming-indiana-cs-578780.html#post3046403

It's been in the news:
http://articles.wsbt.com/2012-05-18/child-support_31769516
http://www.indianadivorceblog.com/2012/03/child-support-terminates-at-age-19.html
http://www.wthitv.com/dpp/news/local/mom-reacts-to-child-support-changes

According to the articles, you'll have to modify in court.

ETA: In one other article, a judge claims that the change is automatic and current orders will not have to be modified. Best check with an attorney.
 
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needuradvice

Junior Member
I have done some research and it does appear, at least with a brief search that the law may have changed. HOWEVER...from what I have read it applies to orders issued after July 1, 2012. Since your order was obviously issued prior to July 1, 2012, and is specific, I think that the new law will not apply to you unless you specifically ask for a modification and are granted one. Consult a local attorney.
Actually the law covers ALL current support orders that the age has been changed from 21 to 19, not just orders started after July 1, 2012. The other thing that was changed was that any court orders for support opened before July 1, 2012 allows for the "children" to sue their parents for college expenses until they are 21. If a new case for support is ordered after July 1, 2012 then the "children" only have the right to sue their parents for college expenses until the age of 19.
 

LdiJ

Senior Member
Actually the law covers ALL current support orders that the age has been changed from 21 to 19, not just orders started after July 1, 2012. The other thing that was changed was that any court orders for support opened before July 1, 2012 allows for the "children" to sue their parents for college expenses until they are 21. If a new case for support is ordered after July 1, 2012 then the "children" only have the right to sue their parents for college expenses until the age of 19.
It appears that different articles say different things. I would definitely consult a local attorney to be certain. However, again, since your order is specific, I think that you are going to need a modification.
 

SMT

Junior Member
Do I have to pay college expenses after the age of 21?

My son turned 20 on Feb1, 2012. Before he started college in 2011 I had a disagreement with my ex over how to handle college/child support. In our divorce decree it states that a certain fund that was set up would be used for my son's college and that she would pay 1/2 of the college expenses. She wanted me to continue paying child support, plus 1/2 his college and she tried to take me to court. We argued for a bit and she agreed to end child support at 18 and we would split college. We wrote out and agreement stating this and let the court know we had resolved the issue on our own and the case was closed. However, there was no court order made by the courts regarding college and there wasn't any changes filed to our original divorce settlement. She did notify the court that she agreed to stop child support at 18. The college agreement was just an informal agreement between us. It is scratched on a piece of notebook paper and there are no specific dates or age stated as to when we would stop paying 1/2 of college. I was not given any input as to where he would attend or what a reasonable cost would be, just sent a bill and told to pay. Which I have been doing out of the fund that was set up and included in our original divorce agreement. She recently changed his housing situation, without my knowledge or permission and is expecting me to pay 1/2. I'm getting fed up with her sense of control, she feels she can request whatever amount of money she see fit. I still have money in this fund to cover most of these expenses, but it will run dry around the time he turns 21 (or before at this rate). He turns 21 Feb 1, 2014. Am I still obligated to pay for college after this date? I am wondering if I could just cash out the fund, if there is anything left, and send it to him when he turns 21 and be done with it. He will be attending college through 2015, I was just TOLD this information. I assumed he would finish in 2014. When he turns 21, I will have already paid through May 2014, but do not wish to pay any further expenses. We have paid all his books, tuition, housing, and food expenses up until this point. He works part time, but does not contribute. Also, the new housing agreement (she signed alone) is double what campus housing was costing. I'm just frustrated and feeling used. We live in Indiana.
 

SMT

Junior Member
Indiana law changed in 2012. The age of emancipation was lowered to 19 instead of 21. He was 19 as of Feb 2012. So, I'm just not sure how this new law affects us.
 

Proserpina

Senior Member
My son turned 20 on Feb1, 2012. Before he started college in 2011 I had a disagreement with my ex over how to handle college/child support. In our divorce decree it states that a certain fund that was set up would be used for my son's college and that she would pay 1/2 of the college expenses. She wanted me to continue paying child support, plus 1/2 his college and she tried to take me to court. We argued for a bit and she agreed to end child support at 18 and we would split college. We wrote out and agreement stating this and let the court know we had resolved the issue on our own and the case was closed. However, there was no court order made by the courts regarding college and there wasn't any changes filed to our original divorce settlement. She did notify the court that she agreed to stop child support at 18. The college agreement was just an informal agreement between us. It is scratched on a piece of notebook paper and there are no specific dates or age stated as to when we would stop paying 1/2 of college. I was not given any input as to where he would attend or what a reasonable cost would be, just sent a bill and told to pay. Which I have been doing out of the fund that was set up and included in our original divorce agreement. She recently changed his housing situation, without my knowledge or permission and is expecting me to pay 1/2. I'm getting fed up with her sense of control, she feels she can request whatever amount of money she see fit. I still have money in this fund to cover most of these expenses, but it will run dry around the time he turns 21 (or before at this rate). He turns 21 Feb 1, 2014. Am I still obligated to pay for college after this date? I am wondering if I could just cash out the fund, if there is anything left, and send it to him when he turns 21 and be done with it. He will be attending college through 2015, I was just TOLD this information. I assumed he would finish in 2014. When he turns 21, I will have already paid through May 2014, but do not wish to pay any further expenses. We have paid all his books, tuition, housing, and food expenses up until this point. He works part time, but does not contribute. Also, the new housing agreement (she signed alone) is double what campus housing was costing. I'm just frustrated and feeling used. We live in Indiana.


Please start your own thread :)
 

Proserpina

Senior Member
I'm sorry, but how do I start a new thread? I'm new.


That's ok!

When you start in the Child Support forum, simply click on "New Thread".

I do appreciate your understanding. It's not that we're trying to be uppity - but so often, even in the same State, the law can change drastically over a couple of months let alone a year :)
 

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