Termination of Child Support Under New Law in Indiana of 20 Year Old

My question involves child support in the State of: Indiana

My step-daughter is a 20 year old college student living with her mother outside the state of Indiana. We no longer live within the state either. Indiana still holds jurisdiction over the child support. There is no educational order, but there is a payroll withholding order.

Since the new law goes into effect in Indiana July 1, 2012 that a child is emancipated at 19 rather than 21 we want to terminate the child support. Since we all are out of state, how do we go about terminating? Do we need an attorney in Indiana to handle this for us? We did find forms online to file yourself but they still have the age of emancipation as 21 on them and we would like to get this done immediately after July 1st since she is already 20. If we file ourselves, how to we terminate the withholding from his payroll? This is all complicating...is it better to hire an attorney? And if so, do we have to wait until after July 1st??? Confused.....

I would hire an attorney to handle the process, especially if you have withholding from payroll. This way you can make sure everything is done smoothly and completed in a timely manner.

The enrolled act can be read here; a news article on the new act can be read here. My read of the statute is consistent with the article - its language indicates retroactive application but the language of a support order may limit your ability to modify the existing order.

You would need to file a motion for modification of support. It is possible that the delay between the petition and the hearing would result in your overpayment during that period, assuming you succeed in your petition, in which case you would have a credit balance.

Mr. Knowitall, so are you saying we should file a motion for modification of support NOW instead of after the law comes into effect July 1, 2012? I understand what you mean about overpayment, which I would think there is no way to avoid over paying. But with a credit balance as you stated, do we get the 'overpayment' returned to us and if so, by whom? Surely her mother won't be expected to pay us back the over payment she receives. (And like if she would re-pay one red cent to us).

How can we file for modification of support? Hire an Indiana attorney? My husband has a with holding order on his pay check from his employer...

If the law becomes effective July 1, you should not expect amendment (if possible under the language of your order) to take effect prior to July 1. But if you file on July 2 or later, you should expect that retroactivity will only apply back to the date you file, not July 1. I expect that you could file now with a hearing date after July 1, but that's going to depend to some extent on the policies and scheduling practices of the custody court.

"I expect that you could file now with a hearing date after July 1, but that's going to depend to some extent on the policies and scheduling practices of the custody court."

So is our best option to contact a family law attorney in the state of Indiana to file this motion? Or can this be done by contacting the clerks office in the state and filing ourselves?

Also, how is the with holding order terminated as well?

how to file a petition? the only online forms available still state 21, so how can a petition be filed ahead of time and dated for july 1, 2012 if the forms still state age 21 instead of 19?

would the clerk's office in the county the support order was given have information on how to file for termination?

Clerks don't give legal advice.

You can check with them to see if they have any standard forms or forms packages for support modification.

My husband and I plan to fly to Indiana this week to file the petition of modification to terminate child support at the clerks office. Since the new law doesn't go into effect until July 1, 2012 do you think we are jumping the gun and should wait until Monday July 2?