By Emily J. Barry
Cordell & Cordell Indiana Divorce Lawyer
The presumptive age for termination for a non-custodial parent to pay child support in Indiana will be lowered, in most cases, to 19, effective July 1. Prior to July 1, Indiana’s support obligation continued until age 21.
Additionally, child support was treated as an obligation distinguishable from post-secondary (or college) expenses, meaning, that while child support may be eligible to be lowered for a non-custodial parent based on college expenses, if possible, a non-custodial parent may also be ordered to contribute to college expenses.
Now, the Indiana legislature has modified the child support obligation portion of a non-custodial parent’s duty to financially support their children above the age of majority.
A non-custodial parent may also be obligated to provide educational needs. However, the time frame is more limited for a child (or custodial parent) to petition the court for the child’s “educational needs.”
Need To Modify Your Indiana Support?
Recently, in an unpublished Court of Appeals case, the court held that support may be deemed educational and advised consulting an attorney prior to unilaterally ceasing child support payments as educational support may be continue past the age of 19 (see generally Sexton v. Sexton).
Currently, child support and education expenses are two separate obligations for children. However, with this new case, the Court of Appeals somewhat muddies the waters on what is child support versus a contribution to education expenses.
Pursuant to the new statute, a child who is receiving support under an order for support before July 1, 2012, may request the court issue an order for “educational needs” until the age of 21. Under this scenario, child support may terminate automatically at 19, but should the child elect to enroll in higher education, they may petition the court for assistance for educational needs.
Additionally, as the legislature chose the language “educational needs,” this could arguably include children over the age of majority who are working to obtain their GED or complete their high school diploma.
For children who are receiving support after June 30, 2012, these children only have until age 19 to request contributions for educational needs. Again, this begs the question about the language of “educational needs,” which the trial court must determine on a case-by-case basis.
In many cases, the child support obligation itself will likely terminate at 19, unless the child is incapacitated, but the “educational needs” of the child may be assessed until age 19 or 21 depending on the time of the support obligation. As the courts continue to adjudicate petitions for emancipation, further insight into the definitions and determinations of educational needs will be revealed.
Given the intricacies of the new statute, recent interpretations of the statute by the Court of Appeals, and the corresponding implications on a non-custodial parent’s obligation to pay support, it is advisable to consult a mens divorce attorney before terminating child support payments in order to assess possible contempt issues and repercussions.
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To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Indiana Divorce Lawyer Emily J. Barry, contact Cordell & Cordell.
5 comments on “Understanding Indiana’s New Child Support Emancipation Law”
In Indiana. I have a son that will be 19 in July and a Daughter 21 in May. Do I need to have an attorney to petition to stop support on both or dies it automatically stop, or can I just go down and have it stopped. The office never returns calls and they are not normally that friendly. I have never missed a payement in 18 years. I will continue to help with college as stated but believe that is separate and no longer is required through automatically taking from my check.-Thanks.
My son is 18 years old and freshman in college. He is a full time student living on campus. My ex and I have agreed to share in his college expenses by each of us paying for one semester. My question is, since I am paying for his college costs is she still entitled to child support?
My husband’s divorce was finalized in June 2013. He has three girls, oldest just graduated college and is 21. He has filed for emancipation of 19 yr old college student to officially stop child aupporr, and then there’s a 16 yr old. According to his ex’s atty, he has to pay child support on all 3 until the YOUNGEST is 19 and he petitions court. Is this true?
Not true, go back to court if you have to.
My original divorce decree says child support ends at age 18. I started paying support in 2005 and it ended in 2008 because my X was making more money. My son is 17 now, went from a A/B student living jointly to D/F student living with mom. Back in court. His mom pulled him out of High School…..he is working and doing an online school. Is this still considered High School and if the decree says 18, is it allowed to be changed to 19?