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  1. #1
    Join Date
    Jul 2007
    Posts
    3

    Default Emancipation Because Of Desertion

    I have an 18 year old son, soon to be 19. His mother has physical custody. There have been serious dicipline issues. Without going into a lot of boring details, when he was with his mother, he had NO rules. When with me, I enforced my house rules, causing horrible conflict. Last spring he told he didn't want to be part of my life any longer and wished only to live with his mother. I didn't fight his wish. There was no point and really nothing to be gained. We did not ammend the custody/support agreement. I simply let him go. Since moving in with his mother fulltime he has numerous tickets with his car. He didn't graduate with his class, but is supposedly working toward completing his requirements before the start of the fall semester. He cannot find a job, as he cannot pass a drug test. I cannot get him to return a phone call, nor can I get his mother to communicate with me.

    My question to you is this. Now that he is 18, out of school, with no intention of continuing his eduction, and cut me from his life, am I still obligated to pay child support? My support agreement states that I will pay support until the age of 21, however circumstances have significantly changed since the agreement was signed. My ex and I had agreed to minimum visitation,(even thought I ended up with my children more than 50% of the time) until last year, but even that isn't being upheld at this time.

    What is my recourse, where do I start?

  2. #2
    panther10758 Guest

    Default Re: Emanicipation because of desertion

    What does any of this have to do with emancipation? Which is topic! Your recourse is to file for modification of support in court that holds juridiction over your case.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Emanicipation because of desertion

    Petition for modification of child support.
    Quote Quoting Substantial and Continuing Change of Circumstances.
    Before a child support order may be modified in Indiana, it is necessary for a party to demonstrate a substantial and continuing change in circumstances that makes the present order unreasonable or that the amount of support ordered at least twelve (12) months earlier differs from the Guideline amount presently computed by more than twenty percent (20%), see IC 31‑16‑8‑1 regarding dissolution of marriage actions or I.C. 31-14-11-8 regarding paternity actions. A change in circumstances may include a change in the income of the parents, the application of a parenting plan, the failure to comply with a parenting plan or a changes in the expenses of child rearing specifically considered in the Guidelines.

    If the amount of support computed at the time of modification is significantly higher or significantly lower than that previously ordered and would require a drastic reduction in a parent’s standard of living, consideration may be given to phasing in the change in support. This approach would allow the parent affected by the change time to make adjustments in his or her standard of living. Again, it is not the intent of the Guidelines to drive the parents into noncompliance by reducing their spendable income below subsistence level.

  4. #4
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Emanicipation because of desertion

    Please excuse my ignorance of the correct language. After doing some more reading I found that the age of majority in IN is 18 so there is no emanicipation to be sought, just a possibility of petitioning to have the support changed. Thank for your input.

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