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Indiana Changes Age of Majority for Child Support

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CSO286

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

http://www.in.gov/dcs/support.htm

Indiana’s Legislature recently passed a law that changes the age of majority for purposes of child support from 21 years to 19 years. This change is effective July 1, 2012.

All child support orders originally issued by an Indiana tribunal are affected by this change.

· Exceptions:
o Court order specifies that child support obligation is to continue past age of majority because child is incapacitated;
o Court order contains a specific age at which support obligation is to terminate, e.g. age 22 or age 17.

· Grandfathering:

The change in age of majority does not include a “grandfathering” provision. Therefore, the obligation to support will terminate on July 1, 2012, for all children who are 19 years old or older as of that date. For example, in a case with one child who is now 20, current child support will be owed up to July 1, 2012 but will not be owed after that date. Parents will not be due refunds or credits for any support that was paid prior to July 1, 2012, for children who turned 19 prior to that date.

· Orders covering more than one child: Most child support orders in Indiana specify a single amount of support to be paid for all the children on the case (i.e., non-divisible support order). The change in age of majority does not automatically impact those cases unless all the children are at least 19 years old by July 1, 2012. On cases with a non-divisible support order, where some but not all the children have reached 19 by July 1, 2012, parents will need to petition the court for a modification of the support order. The original court order will stay in effect until the court grants a modification.

· Child support arrears:

Parents will continue to be obligated to pay any past due child support that is owed.
· Post-secondary educational expenses:

Indiana law permits a court, upon petition, to order one or both parents to provide support for the child's post-secondary educational expenses. These orders may continue beyond the age of majority. The legislative action modifying Indiana's age of majority from 21 to 19 provides that, for child support orders issued prior to July 1, 2012, a petition to modify the order to include educational expenses may be filed at any time before the child turns 21. For child support orders issued July 1, 2012 or later, petitions for educational expenses must be filed before the child turns 19.
 


Ohiogal

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

http://www.in.gov/dcs/support.htm

Indiana’s Legislature recently passed a law that changes the age of majority for purposes of child support from 21 years to 19 years. This change is effective July 1, 2012.

All child support orders originally issued by an Indiana tribunal are affected by this change.

· Exceptions:
o Court order specifies that child support obligation is to continue past age of majority because child is incapacitated;
o Court order contains a specific age at which support obligation is to terminate, e.g. age 22 or age 17.

· Grandfathering:

The change in age of majority does not include a “grandfathering” provision. Therefore, the obligation to support will terminate on July 1, 2012, for all children who are 19 years old or older as of that date. For example, in a case with one child who is now 20, current child support will be owed up to July 1, 2012 but will not be owed after that date. Parents will not be due refunds or credits for any support that was paid prior to July 1, 2012, for children who turned 19 prior to that date.

· Orders covering more than one child: Most child support orders in Indiana specify a single amount of support to be paid for all the children on the case (i.e., non-divisible support order). The change in age of majority does not automatically impact those cases unless all the children are at least 19 years old by July 1, 2012. On cases with a non-divisible support order, where some but not all the children have reached 19 by July 1, 2012, parents will need to petition the court for a modification of the support order. The original court order will stay in effect until the court grants a modification.

· Child support arrears:

Parents will continue to be obligated to pay any past due child support that is owed.
· Post-secondary educational expenses:

Indiana law permits a court, upon petition, to order one or both parents to provide support for the child's post-secondary educational expenses. These orders may continue beyond the age of majority. The legislative action modifying Indiana's age of majority from 21 to 19 provides that, for child support orders issued prior to July 1, 2012, a petition to modify the order to include educational expenses may be filed at any time before the child turns 21. For child support orders issued July 1, 2012 or later, petitions for educational expenses must be filed before the child turns 19.
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