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  1. #1
    Join Date
    Nov 2006
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    2

    Question Can child support be decreased without a court order

    I live in Indiana and have been receiving child support on my 2 daughters for the past 9 years through the Marion County Child Support Office. The amount has always been $175 a week except for a brief period of approximately 6 months when my ex was out of work and I agreed that there should be a relief clause. Since, the amount has been returned to $175 for the last 3 years. Now the oldest daughter (still living at home) is 18 years old (birthday in October), had a baby (in March and the baby lives with me also) and is a honor roll senior in high school. My ex has cut the child support due from $175 to $100 saying that our oldest daughter became emancipated when she had a baby and that I should be thankful that I recieved the $175 from March 2006 until October of 2006. That I am not entitled to the full amount any longer. I have looked at our divorce order and the only information included in the decree is that I am intitled to $175 a week. There is no information as to emancipation or age that this is to change. What are my recourses?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can child support be decreased without a court order

    It's my understanding that emancipation to conclude Indiana child support would occur at the age of 21 or, if earlier, by order of a court Have you inquired with the Child Support Office? If he has been paying through them they would likely be keeping an accounting, in which case they would now show an arrearage.

  3. #3
    Join Date
    Jul 2006
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    984

    Default Re: Can child support be decreased without a court order

    Is your older daughter getting child support from the baby's father?

  4. #4
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    Default Re: Can child support be decreased without a court order

    Aaron answered the question presented by the writer, leaving nothing more to be asked/answered.

  5. #5
    Join Date
    Nov 2006
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    2

    Default Re: Can child support be decreased without a court order

    She is not formally receiving support but baby's father is working ( has been for over a year), is graduating mid-term this year from high school and buys the diapers, formula, baby food, and clothes. He is a regular and welcome fixture in our home and has been for the past three years.

  6. #6
    Join Date
    Jul 2006
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    984

    Default Re: Can child support be decreased without a court order

    I asked the question for a reason, the State of Indiana does not have an emancipation status, per se. Emancipation cases are accepted on individual basis, however, very seldom does the court grant early emancipation rights to a minor, thus making emancipation is a rare thing it does occur and there can be arguments made to at least partially emancipate a child or relieve a non custodial parent of their child support obligation, this is found in IC 31-37-19-27
    Emancipation of child
    31-37-19-27 Sec. 27. (a) The juvenile court may emancipate a child under section 1(5) or 5(b)(5) of this chapter if the court finds that the child:
    (1) wishes to be free from parental control and protection and no longer needs that control and protection;
    (2) has sufficient money for the child's own support;
    (3) understands the consequences of being free from parental control and protection; and
    (4) has an acceptable plan for independent living.
    (b) Whenever the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:
    (1) Suspension of the parent's or guardian's duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.
    (2) Suspension of:
    (A) the parent's or guardian's right to the control or custody of the child; and
    (B) the parent's right to the child's earnings.
    (3) Empowering the child to consent to marriage.
    (4) Empowering the child to consent to military enlistment.
    (5) Empowering the child to consent to:
    (A) medical;
    (B) psychological;
    (C) psychiatric;
    (D) educational; or
    (E) social;
    services.
    (6) Empowering the child to contract.
    (7) Empowering the child to own property.
    (c) An emancipated child remains subject to:
    (1) IC 20-33-2 concerning compulsory school attendance; and
    (2) the continuing jurisdiction of the court.
    As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.212.

    and

    IC 31-34-20-6
    Emancipation of child; findings; terms
    31-34-20-6 Sec. 6. (a) The juvenile court may emancipate a child under section 1(5) of this chapter if the court finds that the child:
    (1) wishes to be free from parental control and protection and no longer needs that control and protection;
    (2) has sufficient money for the child's own support;
    (3) understands the consequences of being free from parental control and protection; and
    (4) has an acceptable plan for independent living.
    (b) If the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:
    (1) Suspension of the parent's or guardian's duty to support the

    child. In this case the judgment of emancipation supersedes the support order of a court.
    (2) Suspension of the following:
    (A) The parent's or guardian's right to the control or custody of the child.
    (B) The parent's right to the child's earnings.
    (3) Empowering the child to consent to marriage.
    (4) Empowering the child to consent to military enlistment.
    (5) Empowering the child to consent to:
    (A) medical;
    (B) psychological;
    (C) psychiatric;
    (D) educational; or
    (E) social;
    services.
    (6) Empowering the child to contract.
    (7) Empowering the child to own property.
    (c) An emancipated child remains subject to the following:
    (1) IC 20-33-2 concerning compulsory school attendance.
    (2) The continuing jurisdiction of the court.
    As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.206.

    So while it is true that unless there is a court order emancipating the child the child support is still owed and OP could file to enforce or for contempt, it doesn't prevent the minor mother's father from filing to emancipate her given she has essentially done this by OP allowing the minor child to act as if she were emancipated, having a child and no court orders for that child's support. Even though the putative minor father is working and about to graduate, there needs to be some formalization of that relationship, establishing paternity, custody and child support orders so there is a clear delineation as to who is responsible for support. For example, if the NCP is responsible for medical insurance or 1/2 of uncovered medical, then the pregnancy would exceed what is normally covered in such orders. If the minor child/mother applied for state aid due to the pregnancy, this could also open up another door to emancipation. If the child were to marry and the only reason this has not occured is to continue child support, then there is room for argument there. These are the problems with children having children especially in states with higher ages for majority. Emancipation of a minor may be allowed for the purpose of said minor receiving medical care or in some cases for a pregnant minor to be eligible for public assistance. In such cases the minor will be under the supervision of the division of state social services.

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