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  1. #1
    Join Date
    Sep 2007
    Posts
    3

    Default Child Support for an 18-Year-Old in Indiana

    Hi,
    I have a question re child support in Indiana. We took physical custody of my stepson, age 18, 3 years ago. We signed an agreement in which mom gave us temporary custody and we agreed she didn't have to pay support. Nothing was filed and the divorce decree was not amended. Now he may need to move back with mom as there are problems here at home, and mom is saying we will have to start paying support again. I'm wondering if the fact that the agreement wasn't filed would make it inadmissible? And if that were the case could we threaten to sue her for back support? We aren't trying to get money but feel it is unfair that we should pay support for when she hasn't. Is there a possibility of getting him emancipated w/o mom's involvement even though he is still in high school and isn't working? Any insight or input is greatly appreciated

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: sticky support sitch in Indiana

    Is there a support order in effect? What does it say about support past the age of majority?

  3. #3
    Join Date
    Sep 2007
    Posts
    3

    Default Re: sticky support sitch in Indiana

    Wow, thanks for the quick reponse. To be honest I'm not sure if there is a support order in effect other and what is required by Indiana law. My husband says he doesn't think so, how would I find out for sure? I was just hoping we'd have some bargaining power since she hasn't paid one cent since he moved here.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,109

    Default Re: Child Support for an 18-Year-Old in Indiana

    first thing is, there is no we in this story. It is between your husband and his ex-wife. I understand the we but in the legal sense, there is no we. Any support that would be due would be from your husband to the ex or vice versa.

    Now, one would think that if a court order were in place to pay support, your husband would know about it. They do let you know what you are to pay when the enter such an order. Did he pay support before the youngster came to your house? If not, there may very well not be a support order. He can call the friend of the courts, most likely in the county that mom lived in when they seperated, to see if there is anything ordered.

    as to past support from her to the father, not likely. If nothing was sought before, retroactive orders are not typical.

    Now, as to support for an 18 y.o. Again. not real likely but possible. You are no longer a minor at 18 and typically support stops at 18 unless the courts required the NCP to pay for or during college but going in and asking for it now if it had not been through the courts before, very unlikely.

    the one thing that is a bit telling is this:

    and mom is saying we will have to start paying support again.
    If he was paying before, I would suspect an order was in place. Now the problem is, if there is an order in place and he has not paid for the past 3 years, he would be 3 years in arrears and be required to pay mom for this. That is a huger reason the side deal that he made should not ever be used. If custody and support is wanting to be changed by mutual agreement, it should go through the courts.

    now, mom may be able to forgive past support UNLESS she was on any state aid. then the courts are going to want their money. It also does not sound like mom would be too forgiving should there be arrearages.

  5. #5
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Child Support for an 18-Year-Old in Indiana

    Hi,
    Thanks for all the info, yes he was paying support before he moved here. I realized the agreement should have went through the court, but hindsight ya know. I don't think she would go after us for arrears (she wasn't on state aid) she just wants support again if he moves back with her and I was hoping we could use the threat of asking for back support for the past three years (since she hasn't contributed ANYTHING) to call it even. Could we really be reponsible for back support even though he lived with us and she didn't contibute anything? It just seems like we should get some credit for bearing full responsiblity. Unfortunately it does involve me since my husband is in school and not working very much so I'd have to foot whatever he couldn't. He currently makes < $100 a week and I believe support is based on minimum wage. I was also under the impression (mom too) that support was to be paid till 21 regardless, so if that isn't stated in the support order it's not the case? One last question, is the agreement we signed even binding if it wasn't filed? It's all very confusing and frustrating and I thank you for your help.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Child Support for an 18-Year-Old in Indiana

    He's going to need to find the order, and find out what it actually says. If necessary, he should be able to obtain a copy from the court (although he can expect to pay a copying fee).

    The agreement you signed - this was what was signed three years ago? Don't lose it until the support issues are worked out.

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