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  1. #1
    Join Date
    Apr 2012
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    2

    Default Child Kicked Out of Custodial Parent's Home

    My question involves child support in the State of: Indiana. My ex-wife recently kicked my 19 year old son out of the house, and he is living with his maternal grandmother. He failed his senior year of high school and is heavily into drugs. I found this information out by viewing his Facebook and MeetMe.com pages. His mother never informed me of his move or him failing his senior year. After speaking with his schools guidance counselor, I was informed that he has no intentions of returning to school, and the would not allow him back if he did. He has no plans of taking any summer school classes. My question is, being that he is living with his grandmother, and being that his mother kicked him out, does that mean that he is "out of the care and control of either parent" and can I file for either a modification of support or emancipation, or am I better, since this all just happened, to wait quietly and see how it plays out? His mother has no idea that I have any of the above information. With the above circumstances, is it still required that my son be out of any type of post-secondary education for 4 consecutive months?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Child Kicked Out of Custodial Parent's Home

    SOURCE: IC 31-14-11-18; (12)SE0018.1.1. -->
    SECTION 1. IC 31-14-11-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. (a) The duty to support a child under this article (or IC 31-6-6.1 before its repeal), which does not include support for educational needs, ceases when the child becomes twenty-one (21) nineteen (19) years of age unless either of the following conditions occurs:
    (1) The child is emancipated before the child becomes twenty-one (21) nineteen (19) years of age. If this occurs, the child support, except for educational needs, terminates at the time of emancipation. However, an order for educational needs may continue in effect until further order of the court.
    (2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.
    (b) A child who is receiving child support under an order issued before July 1, 2012, may file a petition for educational needs until the child becomes twenty-one (21) years of age.
    (c) A child who is receiving child support under an order issued after June 30, 2012, may file a petition for educational needs until the child becomes nineteen (19) years of age.


    SOURCE: IC 31-16-6-6; (12)SE0018.1.2. --> SECTION 2. IC 31-16-6-6, AS AMENDED BY P.L.80-2010, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The duty to support a child under thischapter, which does not include support for educational needs, ceases when the child becomes twenty-one (21) nineteen (19) years of age unless any of the following conditions occurs:
    (1) The child is emancipated before becoming twenty-one (21) nineteen (19) 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) is on active duty in the United States armed services;

    and on and on....
    If he has not been in school for at least 4 months, it is quite clear your obligation is terminable, or at least able to be modified. Since nothing in Indiana is automatic, you would have to file to have your order of support terminated (or modified).

    If it has been less than 4 months, while I believe it is still terminable, you might consider waiting until 4 months has expired just to make it easy.

    as to the original and actual question: yes, I would believe this does meet the description of: "out of the care and control of either parent"

    He actually could sue her for an illegal eviction though if she forced him out. That could put a wrinkle into the situation if he won such a suit as she would then have to evict him from her home.

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