All Things Family Law

Discussion of all things related to family law from an Indiana divorce attorney.

This blog provides general family law and divorce law information. If you have a specific issue or case you need assistance with please contact me directly. 

Filtering by Category: school costs

Child Support Terminates At Age 19 - Indiana Child Support Law 2012


Effective July 1, 2012 Indiana child support law will change. The age of emancipation will be lowered from 21 to 19 years of age.  This change  has been rumored for couple of years and the General Assembly voted to amend the statutes pertaining to emancipation.  While child support will terminate at 19, education support orders for college costs, will continue to be available by petition until the child is 21.  The full text of the statutes affected is after the break, below. 

It will be interesting to see how college support orders are treated in light of these changes.  For instance, if a 19 year-old adult child is living in one parent's home while attending school, in lieu of child support, would a judge be willing to have the other parent contribute to the child's room and board, health care costs, and other educational costs such items as transportation, car insurance, clothing, entertainment and incidental expenses, as part of an educational support order?  If so, how is this different than child support?

To discuss these issues further please contact me. 

For more regarding child support see other posts here.

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;
        (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.

*this bill is up for action by Governor Daniels on March 19, 2012.

New Child Support Guidelines - Controlled Expenses

The Indiana Supreme Court has amended the Indiana Child Support Guidelines and ordered the changes effective January 1, 2010. The are many important changes. Too many for one blog posting.

One very positive change is that the guidelines are now clear as to who must pay for the 'controlled expenses' associated with raising a child, such as the winter coat and the basic school costs. Furthermore, the definition of 'controlled expenses' should help clear up disputes about who pays for school books and basic clothes. Parents will decide who pays for these costs by designating a 'primary physical custodian,' or if they share equal time with the child(ren), they will need to designate someone as the person who will pay the 'controlled expenses'.

The amended order defines 'controlled expenses' as follows:

Controlled Expenses. This type of expense for children is typically paid by the custodial parent and is not transferred or duplicated. Controlled expenses are items like clothing, education, school books and supplies, ordinary uninsured health care and personal care. For example, the custodial parent buys a winter coat for the child. The noncustodial parent will not buy another one. The custodial parent controls this type of expense. The controlled expenses account for 15% of the cost of raising the child. The parenting time credit is based on the more time the parents share, the more expenses are duplicated and transferred. The controlled expenses are not shared and remain with the parent that does not get the parenting time credit. Controlled expenses are generally not a consideration unless there is equal parenting time.

This definition was much needed. Undoubtedly there will still be disputes over the basic costs associated with raising the child(ren), but the Supreme Court helped the trial courts, attorneys and parents involved with this definition.

IMPORTANT NOTE: The new guidelines do not change the fact that the cost of having your attorney argue over who should pay for the winter coat, is likely more than the winter coat itself. Buy two.

    The review or transmission of information at this site is not legal advice and does not establish an attorney-client relationship.   All data and information provided on this site is for informational purposes only. I make no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. Should you be seeking legal advice, I recommend you retain an attorney. Please contact me  here.