Emancipation of an 18 Year Old in Indiana

My question involves emancipation laws for the State of: Indiana

My son turned 18 last December and has his GED. He moved out in July after getting into alot of legal trouble and is hopping around living in friends home and no longer communicates with me.

I have a divorce decree that states child support continues until emancipation or further notice. His father has had no contact with my children or myself for several years. I recieve child support payments from my ex thru the courts. My question is:

Since my son moved out of my house and just got a part time job working a few hours a week (no car) and no longer lives with me or is in contact with his father or myself, what do I do concerning child support? Do I have a legal obligation to contact the court or can I continue to recieve child support payments from his estranged father until he takes me to court for modification? I am concerned once his father learns I still recieve the money and my son isn't with me anymore that I will have to repay the child support. My son can not financially support himself without the help of others. Am I obligated??? PLEASE HELP!!

In the absence of a court order that specifically places it at a later date, your son is legally emancipated upon his 18th birthday. (In a few states, though I don't believe Indiana is one of them, this is postponed until his graduation from high school, but since he has his GED this would not apply here.) The fact that he is not supporting himself is irrelevant in this case; he is no longer entitled by law to parental support.

What is your legal justification for receiving child support for a legal adult that no longer lives with you? On what basis do you think that you are entitled to this?

BTW, a very close friend of mine was recently involved in a similar situation and he was told by his lawyer that his state, which is NOT Indiana, is the only state in the US where the custodial parent is entitled to receive child support until the non-custodial parent files for modification. If that is true (and his lawyer is from one of the most prestigious law firms in the US so I have no reason to believe it isn't true) your ex-husband very well might be entitled to have you repay the support for the time after your son left.

Thank you. This is my concern.

I agree there is no reason to continue to recieve support but my son's father's whereabouts in unknown. Neither of us has had contact with him for many years. So what am I to do? I am sure I am one of few women that receives child support that doesn't know how to make it stop???

I can't afford an attorney that is why I am here for advise. So how do I make it stop? I can't believe his father (who I do know is an Indiana resident) didn't know to stop it at my son's 18th birthday...but then again...he may not even remember that he turned 18 last year. I will be a mad hen if I have to give that man a dime back after his absence of my children's life.
BTY-he did pay support for my older daughter until she was 21 (and not in college) and I didn't have to pay anything back. But I don't want to recieve money I am not entitled to. So what do I do??? :wallbang:

What does your divorce decree say about when support stops?

With my husband's case (just FYI, he is neither in Indiana nor in the state where my friend's case was handled) the decree specifically stated that support did not stop until his son graduated from college.

Indiana generally mandates the ncp pay child support through college. I know he seems like a lost cause now, but it would be in his best interest if you track him down, pull a mommy bear on him, and 'make' him go back to school.

My divorce decree states: ..."to pay through the office of the Clerk of this court until said children are emancipated."
My son is the last of 3 children I am recieving support on. In the 2 previous children my oldest son enlisted in the Army and support continued thru bootcamp. In my daughter's case she moving out for about 6 months and then moved back home and support continued with her until she was 21 (and not in college).

As for college for my youngest...ha! I wish! I had a hard enough time fighting with him thru high school and finally had to let him drop out as long as he got his GED and he did immediately and scored high I may add. But as far as college...on the bottom of his list. He is too busy partying and playing around to think of his future...that is one reason this mom is banging her head on the wall :wallbang:

But as far as the support, he is not in college, did just start a part time job at minimum wage I suppose, and I am holding my breath waiting for the phone call that he wants to come back home to live again. (Right now he is 'playing adult' and staying with a friend). I figure if his father had anything to do with him and acted like a real father is suppose to and be in his children's life, he would know that my son turned 18 last year, and he would know that he isn't staying with me right now. I don't understand why he isn't taking me back to court for modification. But so far he hasn't...my biggest fear is I will have to PAY HIM BACK for not taking me back to court!!

Is it my responsiblity to hunt this man down and find him and tell him to stop giving me money???? I'm at a loss... :(

What about opening a separate savings account just for this money? Then it will be there in case you need to send it back.

Truly, I think you need to be talking to your attorney. It got a little confusing for us because it was unclear whether my husband was supposed to pay support until his son was 21, or until he graduated from college, and the difference was 18 months. A call to his lawyer was able to clear the whole thing up. Your situation is a bit more complicated but all the more reason why someone who is familiar with your case should be giving you answers and not strangers on a message board.

Yes, I understand. I will need to get in touch wiith an attorney soon. I have just been holding out waiting. You are right about having the money in a seperate account. I have been doing that for a long time and now I don't use that account at all and just let the money get deposited for that very reason.
I am going to have to get in touch with an attorney, but in the short run I don't think of you as strangers but as others that may have more experience at these things than me. I appreciate all the information and suggestions I can get. I thank you for your input. You have been a great help to me. :)

That's very nice to hear. Hope all goes well for you!

And don't give up on your son.

It takes *some* of us a bit longer to mature.

erm...not *me* of course, but...you know...like...erm...some people...

yeah, uhm...some people...