Emancipation in Indiana

I have a 19 year old son who I have custody of. He graduated last June, and isn't going to college. He decided to move in with his Dad when he graduated high school. He says he doesn't want to work full time, so he only works about twenty hours a week. He had a full time job, but quit it, because he didn't want to work that many hours a week. In a situation like this, do I still have to wait until he is 21 before he can be emancipated? He has no health insurance now, and doesn't want to work. He just wants to sit around and play video games. I give his father back his child support money, since he no longer lives with me. But now, he is wanting me to pay him support. It seems as if my son is being rewarded for being lazy.

He was a legal adult a year ago throw his butt out

If your child support order continues through the age of 21, or until some undescribed contingency is met, it seems possible that your ex- could try to get you to pay him support. What does the support order say?

The support order says nothing about when it ends. It just gives the amount. It just seems since he is capable of working full time, and supporting himself, but he just doesn't want to, because it interferes with his social activities, just doesn't seem right that anyone should have to pay support.

Have your attorney look over the custody papers.

Usually, for a "child" of 19 to continue to be supported they must be in school.

IC 31-16-6-6
Termination or modification of child support; emancipation of child

Sec. 6. (a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:

(1) The child is emancipated before becoming twenty-one (21) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.

(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.

(3) The child:

(A) is at least eighteen (18) years of age;

(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and

(C) is or is capable of supporting himself or herself through employment.

In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.

(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:

(1) has joined the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court; the court shall find the child emancipated and terminate the child support.

Thanks for the reply Happy. What I take from what you have highlighted is that the child does NOT have to be employed full time,OR living on their own. But just have the ability to do so if they so chose? I have seen that before, but always took it as meaning if they didn't meet those stipulations, then they could not be emancipated.

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Quoting sundown6

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Thanks for the reply Happy. What I take from what you have highlighted is that the child does NOT have to be employed full time,OR living on their own. But just have the ability to do so if they so chose? I have seen that before, but always took it as meaning if they didn't meet those stipulations, then they could not be emancipated.

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Let's look at that part of the statute and put in the appropriate answers (skipping over 1 & 2):

Sec. 6. (a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:...

(3) The child:

(A) is at least eighteen (18) years of age;

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Quoting sundown6

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I have a 19 year old son

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B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and

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Quoting sundown6

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He graduated last June, and isn't going to college.

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(C) is or is capable of supporting himself or herself through employment.

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Quoting sundown6

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He says he doesn't want to work full time, so he only works about twenty hours a week. He had a full time job, but quit it, because he didn't want to work that many hours a week.

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In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.


**The only thing I can add here is my opinion. I don't know your son or how much he earns, and it appears you believe he would not have a problem holding down a full-time job or at least working more then he is now.

Now whether a judge will determine that or not, the judge will either terminate support or modify it.