Re: Emancipation Question
He was a legal adult a year ago throw his butt out
Re: Emancipation Question
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?
Re: Emancipation Question
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.
Re: Emancipation Question
Have your attorney look over the custody papers.
Usually, for a "child" of 19 to continue to be supported they must be in school.
Re: Emancipation Question
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.
Re: Emancipation in Indiana
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.
Re: Emancipation in Indiana
Quote:
Quoting
sundown6
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.
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;
Quote:
Quoting sundown6
I have a 19 year old son
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
Quote:
Quoting sundown6
He graduated last June, and isn't going to college.
(C) is or is capable of supporting himself or herself through employment.
Quote:
Quoting sundown6
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 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.