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  1. #1
    Join Date
    Jan 2008
    Posts
    3

    Default Stopping Child Support In Indiana

    First off,I have paid support without fail since my divorce. And I will always help my kid when he needs it.

    My support order states: The father shall pay child support for the minor child in the amount of XXX.XX per month commencing Augest XX, XXXX and shall be paid each week thereafter untill the childs majority, emancipation or court order, whichever occurs first.

    My son has just turned 18 he has a part time job and no longer attends school (against all advise he quit and does not want to return) Isnt 18 majority in Indiana? Do I need to go back to court to be able to stop sending support to his mother even though it seems very well spelled out in the support order? What should I do? Thanks.

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

    Default Re: Stopping Child Support In Indiana

    The termination of child support in Indiana is governed by the following statute:
    Quote Quoting Indiana Code, Sec. 31-16-6-6 - Termination or modification of child support; emancipation of child
    (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.

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