New Indiana Law Allows Termination of Child Support When Child Turns 19

According to the Post-Tribune article posted yesterday, “Indiana Lowers Cutoff Age to 19 for Receiving Child Support” 10 Apr 2012, the Indiana General Assembly has lowered the age from 21 to 19 for emancipation, which cuts off a father or mother’s obligation to pay child support when the child reaches the reduced age.

Indiana had always been in the minority when it comes to this cutoff age.  An overwhelming majority of states have already set the age to 18 or 19.  The reason that the Indiana General Assembly chose the age of 19 for the new law is because it wanted to ensure that children would receive support up to and including K-12 education.

Unfortunately for those paying child support, Indiana is still among the states that does not automatically terminate child support.  A petition must be filed to legally terminate the child support obligation.  Also, many Income Withholding Orders (IWO’s) will remain in effect unless they are modified or terminated pursuant to a court order.  (An IWO is a form used to automatically withhold child support from a parent’s income.)  The new law goes into effect July 1, 2012.

If you are paying child support and your child is or will be turning nineteen (19) years old in the near future, you should contact an attorney.  We at Gordon Etzler & Associates, LLP have a wide breadth of experience in this area, and we can help.  CALL FOR A FREE CONSULTATION TODAY.  (219) 531-7787.

  • Ginger Kincaid

    My husband has twins that turn 19 on July 27th. We are currently paying child support and in the agreement it does not state anything about post secondary education expenses (college). What do we need to do? How how much would you charge to represent us in a modification to the agreement? Thank you!

    • Lisa

      In most cases…the custodial can take you back to court for post secondary expenses, as my husbands ex did..nothing w as said in the divorce but if bythe time they are 19, they can already be enrolled at a college and he just dont know it..FASFA’S are uaualy due by march 10th of the year they are going to be attending in the fall…So my advice would be to find out if they are enrolled…if not then you can emancipate them…and stop child support..you can take them to court with what you know before they turn 19 and it will be stopped as soon as they turn 19..instead of filing papers after they are 19 and its still coming out of his check and then trying to get all the back pay from her or the state..been there done that..:(

      • cab

        Lisa,

        What you stated is mostly correct. It is much easier to stop the payments beforehand than attempt to be reimbursed later. If you see reimbursement at all, it won’t be for a considerable time, and likely it will forever be lost. Also, you are correct in that you cannot emancipate a child enrolled in college full-time until age 23 in Indiana, despite the new law.

        The only thing I would like to add is that even where a modification is filed for post-secondary expenses, child support should cease for the child or children who are the subject of the modification. Essentially, the non-custodial parent cannot be required to pay twice for a single set of expenses. I have been on both sides of many of these, and this can make a major difference in the outcome, especially if the child is receiving considerable financial aid and/or scholarships or grants.

        I hope this helps,

        -Chris

        • Rita Tabor

          Chris,

          My ex-husband recently took me to court to stop the child support for our two children ages 19 and 21 when this law went into effect. Why were going to court in the first place when the law stated he could stop paying? My daughter is 21 and attending college full time with the help of the twenty first century scholars, she comes home when not attending school to stay with me. My son attends college full time and must rely on financial aide and grants, and he also lives with me. I could not afford an attorney for this case because I have been on disability and my short term disability has expired, and I am waiting on my ltd to kick in. I was not prepared and they calculated a payment of child support to continue for unpaid college expenses on the information I provided, which was not enough! Unfortunately I did not know the procedure or what all I should submit. I called the court immediately and told them that I would be submitting more information to calculate the child support the next morning before his attorney submitted or whatever the term is , showing how much would be paid annually, and they said they would advice him. The papers were faxed to him before he came to his office that morning. Well his attorney sent me papers in the mail that very day to sign, that said amended, however, it was still the same calculation as stated in court, and I am suppose to sign it and send it back. Also I do not feel I was given any consideration on the fact that I must reside in the state of Indiana and maintain a low income in order for my daughter to continue to receive the 21st Century. How do I find out if the calculations are valid ?
          One more thing if you please; they ask if my son was paying me rent, and I wanted to say yes, and did, but I restated that we all worked together to make ends meet, because that is what we are doing. My son will have to and does help because I am waiting on my disability. Any information would help and I’m afraid I’m running out of time in signing the papers. I do not want to be held in contempt, but I do not agree with the amount. How will this new support be paid? Once a year and to whom? Thank you for any help you have to offer.
          Rita

  • Michael

    Just need some information, I have a 20 year old child in college. Is 23 the max. age i have to pay child support? Thank you

  • cab

    Michael,

    Well, like many quirks in the law, this is not a simple question, at least in Indiana. In Indiana there is no age limit to which children are entitled to educational support, but a number of factors must be considered in making the determination of support for educational expenses (found at I.C. 31-16-6-2). Support is limited to elementary, secondary (high school) and post-secondary (undergraduate) education, however. Post-secondary education does not include graduate level degrees, and are typically limited–at a maximum–to bachelor’s degrees only.

    In order for this to occur, however, a petition for modification of post-secondary educational expenses must be filed before the child turns 21 (if the previous order was entered prior to June 30, 2012) or before the child turns 19 (if the previous order is entered after June 30, 2012).

    Please contact one of our attorneys at Etzler & Associates, LLP if you have any further questions. We would be happy to assist you. (219) 531-7787.

    Hope this helps,

    -Attorney Christopher Buckley

  • Tina

    My step daughter is turning 20 November 2012, with the new law coming will it automatically stop in July or do we have to go to court to have it stopped. He does have 2 more children also/ 16 and 18 years old. All with the same mother. Thank you so much. Tina

    • http://www.etzlerlaw.com akc

      Dear Tina, When the new child support law is put into effect, it will not automatically terminate your child support obligation. You would have to petition the court to terminate the child support obligation. I will contact you at your provided e-mail address.

      –Attorney Anna Christodoulakis

  • Simon

    I receive child support for my daughter who will turn 19 this August. Under the old child support guidelines, payments would have been received until age 21. College has become extremely expensive, and in order to make post secondary edcuation more affordable, my daughetr will be living at hime and commuting. We were really counting on the support continuing , keeping the need for employment at bay. I want my child to fully focus on her education . What, if anything can I do to make sure the non custodial parent continues to help out ?

    • http://www.etzlerlaw.com akc

      Simon,

      Since there was a child support order in place before July 1, 2012, the non-custodial parent would still be responsible for post-secondary education expenses until the child graduates with a bachelor’s degree. Child support and post-secondary education expenses are two separate obligations. If the non-custodial parent petitions the court for termination of child support, you could petition the court for post-secondary education expenses until your daughter turns 21. Once your child turns 21, you will no longer be able to file for post-secondary education expenses. If you’d like, contact us, an attorney at our firm can help you determine the best route to pursue.

      Attorney Anna Christodoulakis

  • James

    My son is currently 20 years old and will turn 21 in February. There is no order for post secondary support. However, I do send him $500 per month to assist in his education expenses (college). This is in additon to the $75 per week in child support I pay to his mother. Must I file a modification to stop the child support or will the court automatically stop the order? Regardless of the outcome I will continue to assist my son with college expenses.

    • http://www.etzlerlaw.com akc

      Dear James,

      Unfortunately, child support does not terminate automatically. You must petition the court to terminate child support otherwise the obligation continues. However, your son may still formally petition the court (he has until he turns 21) for post-secondary education expenses up to a bachelor’s degree. Come July, you would be a good candidate to terminate the existing child support order. Contact our office if you would like to pursue this termination or if you have any more questions.

      –Attorney Anna Christodoulakis

  • Terry

    I have a son that is 19 yrs. old.will turn 20 in dec.He is in college as of now. will be a soph. this year. I am paying child support which is automatic taken out.I also am paying half of college tuition on my ownto his mother.my son is a student and is playing sports as well.am i still responsible to keep paying child support.

    • http://www.etzlerlaw.com akc

      Dear Terry,

      Come July, you can petition the court to terminate your child support obligation, but be aware that your son (until he turns 21) would be able to formally petition the court for secondary education expenses up to a bachelor’s degree. While you pay for half of his expenses now, that is not in a court order. You are responsible for paying child support unless the court grants a petition for termination of the support… you cannot just stop paying yourself. Please contact our office if you would like to retain an attorney at our firm to pursue termination of your obligation or if you have any more questions or concerns.

      –Attorney Anna Christodoulakis

  • Brent

    Have an 18 yr old, will be working and does not intend on attending college. I’ve read support can end at 18 and 4 months if child is working and can support them self. Does anyone know how this is determined?

    • http://www.etzlerlaw.com akc

      Dear Brent,

      Under Indiana Code 31-16-6-6, the duty to pay child support ceases when the child is at least 18 years old and has not attended school in the past four months and is capable of self support. If a court finds that this is the case, a judge may order termination of child support. However, a judge may also make the determination that while these conditions exist, the child is only partially able to self-support him or herself and may only modify the child support decree. I hope this helps, if you have anymore questions or are interested in pursuing a modification or termination of support, feel free to contact my office at (219)531-7787 for a free consultation.

      –Attorney Anna Christodoulakis

  • Gayle

    I have two children, a 14yo and a 19yo enrolled as a college sophomore. I currently recieve support for both of them. The 19yo lived at home most of last year, and has a scholorship that pays for her tuition and books, so as long as she keeps her grades up she just needs help with the usual school supplies, clothing, food costs, personal items, etc which I have helped her with, and she ate here at home. Our divorce decree does not have a post-secondary school order because my attorney at the time told me not to worry about it yet. I am disabled and have also never had my support order recalculate in the 8 years I’ve been divorced (even though I should have but didn’t want to create ill will that would affect my kids). Should I petition now to get post -secondary in the decree for both my kids(which would stop support for the 19yo?), have the support recalculated and see what happens(or would it stop when it was recalculated?), or let it go(even though I know his income is 5 x’s mine now, and at least double what it was when we divorced) and see if he tries to stop the support order?

    I can’t afford attorney fees but want to do what will be best for my children to ensure they get a good education without working themselves to death and hurting their grades.

    • http://www.etzlerlaw.com akc

      Dear Gayle,

      Come July, since your daughter is 19 years old, your ex-husband could petition the court to terminate his child support obligation. However, you may also petition the court (you have until your daughter turns 21) for post-secondary expenses. If the court determines that post-secondary education expenses are appropriate, expenses could be apportioned between parents and the child taking into consideration all that you mentioned above such as gifts, scholarships, grants, student loans, summer and school year employment, etc. Expenses also include tuition, books, lab fees, supplies, student activities fees, etc.

      Post-secondary education expenses and child support are two separate obligations. If a court orders support for child’s post-secondary educational expenses and your child is 19, the child support obligation will be terminated.

      I hope this helps, and I must reiterate that the purpose of this blog is to NOT to provide legal advice or services but to inform. If you need legal advice, please feel free to seek legal assistance from one of our attorneys by setting up an appointment by calling (219)531-7787.

      –Attorney Anna Christodoulakis

  • Gayle

    What if the child recieves a scholarship to cover tuition, but the custodial parent still covers living expenses, food, etc? If a child lives on campus, the dorms and cafeterias shut down on holidays, fall and spring break, a month for Christmas, and during the summer lives at home.

    • http://www.etzlerlaw.com akc

      Dear Gayle,

      Child support does not terminate automatically in Indiana, your ex-husband would need to petition the court to do so. However, keep in mind that if you choose to pursue post-secondary education expenses, your ex-husband could also pursue termination of child support. Come July, child support of a 19 year old would be terminated. However, the expenses you mentioned above could be included in a post-secondary education support order as an “other” expense. I hope this helps.

      –Attorney Anna Christodoulakis

  • Jay

    My daughter is 20 and does attend secondary school. She lives by herself and is employoyed. She has grants and school loans that covers almost completely all of her educational expenses. My question is should I petition to have support to cease and what part if any of her expenses will I be responsible for?

    • http://www.etzlerlaw.com akc

      Dear Jay,

      Come July, you can petition the court to terminate your child support obligation. However, your daughter’s mother may also petition the court for post-secondary expenses. However, all that you mentioned such as grants, loans, and her employment will be taken into account if an obligation for post-secondary expenses is made. Your income, and your daughter’s mother’s income, and your daughter’s income would all be taken into account as well when determining how much you would owe. I hope this helps.

      –Attorney Anna Christodoulakis

      • Jay

        Thank you that does help. But after doing a little more research being estranged from said child to receive support plays a role in my costs also. Is that correct ? My daughter and I have absolutely no interaction at all !

        • http://www.etzlerlaw.com akc

          Dear Jay,

          There are 2 cases that comes to mind regarding your situation. According to Norris v. Pethe, 833 N.E.2d 1024 (Ind. App. 2005), once a child turns 18 a child’s repudiation or complete refusal to have a relationship with one’s parent may cause that parent’s obligation to pay for child support expenses to cease. In addition, McKay v. McKay, 644 N.E.2d 164 (Ind. App. 1999) found that a sons repudiation of the father-son relationship relived the Father of any further responsibility to contribute toward his son’s college expenses. I hope this help, and of course, please feel free to call our offices at (219)531-7787 and I would be more than happy to meet with you for a free consultation about your specific situation. This blog is for education purposes only and is not intended to provide legal assistance or legal advice.

          –Attorney Anna Christodoulakis

  • jason

    I have 20 yr old who hasnt attended school in over a year and a 19 yr old who just graduated high school ,can i petition for the court to stop child support? THANKS

    • http://www.etzlerlaw.com akc

      Dear Jason,

      Come July 1, you can petition the court to terminate your child support obligation of both children. However, be wary that either child may petition the court for post-secondary expenses for a bachelor’s degree up until they turn 21.

      –Attorney Anna Christodoulakis

  • Ben

    I am paying child support for my daughter that will be 20 and she has grants and loans to attend college in illinois and my ex-wife refuses to work and is living off the support I am making more money now and i am worried that if i have the support stopped that the mother will try to find a way to make me pay in another way and she won’t let me talk to my kids I pay het $440 a month can she get more for educational expenses since she doesn’t work and i make a lot of money now?

    • http://www.etzlerlaw.com akc

      Dear Ben,

      You can petition the court to have your child support obligation terminated, however, you are correct when you state that your ex-wife may then petition the court for the post-secondary expenses of your child. Grants, loans and income will be taken into account, including your income and your spouse’s income and your child’s income, in making a determination of your post-secondary obligation. However, depending on your unique situation, educational expenses could be just as high or higher than your current obligation. I hope this helps.

      –Attorney Anna Christodoulakis

  • Kelly

    I do not understand why do we have to petition the court to terminate the child if the Custoidal parent will only petition the court for education expenses? My stepdaughter will turn 19 in August, when calculating education expenses will the court take in consideration that we have another child in the home? They only look at what both parents make and not consider if there are other children in the home not receiving child support.

    • http://www.etzlerlaw.com akc

      Dear Kelly,

      The court takes many factors into account before awarding post-secondary college expenses. I would need to know more about your specific situation. If you have any further questions, feel free to call (219)531-7787.

      –Attorney Anna Christodoulakis

  • Nida

    My daughter is currently 20 years old. I had paternity established and won a judgement March 2010 a day before she turned 18. The new law that will take place on July 1, 2012 states that she will no longer receive any child support because she is 20 and will be a Junior in college full-time. He currently pays $804 per month because he just retired from the military of 30 plus years. Will this reduce the payment that I will receive for child support? Also, he is over $85,000.00 plus behind in arrears. I need some guidance and really fast. Who should I contact?

    Thank you,
    Nida

  • jason

    Ihave two children that are 19 and 20,the 20 yr old has been out of school for just over a year the 19 yr old has just graduated from high school.We never did have an agreement put into our divorce decree concerning college.My question is can i file for termination of child support when the law comes into effect July 1st and should i do it before July 1st? thank you

    • http://www.etzlerlaw.com akc

      Dear Jason,

      Under the new law, you would have to file after July 1st. Feel free to contact us at (219)531-7787 for more information.

      –Attorney Anna Christodoulakis

  • Lisa D.

    I have a son who will be 19 in July. His father has chosen to not be a part of my sons life. I didn’t start receiving child support until my son was age 11. The child support division told me that his father would be responsible for one third of his college tuition when I called to find out what happened when my son turned 18 (I wasn’t up with all the laws at the time). I called his father to discuss college tuition only to later find out that the child support division was wrong and this was not in our court order. I filed to take his father back to court for post secondary educational expenses. My son is enrolled in a college currently. How likely would it be to achieve post secondary educational expenses from his father? Is this hard to do or mostly standard in child support cases? Are there any loop holes that I should be aware of?
    Thanks, Lisa

    • http://www.etzlerlaw.com akc

      Dear Lisa,

      I cannot tell you what I believe a judge will do in your specific case because I am not fully aware of all the details of your case, nor the jurisdiction of your case. However, it is commonplace for judges to award post-secondary expenses… the courts will take into account grants, scholarships, loans, your income, your son’s father’s income, and your son’s income at the very least in determining post-secondary expenses. I hope this helps.

      –Attorney Anna Christodoulakis

  • Tom

    I have 2 sons that are 19, I understand that as of July 1st I can petition the court to terminate the child support. My question is what if I’m behind with some of my payments? Will I still owe that back child support?

    • http://www.etzlerlaw.com akc

      Dear Tom,

      While you can terminate your child support obligation, you would still be on the hook for any arrearages. I hope this helps. If you would like to pursue termination of your child support obligation, and are located in the NW Indiana area, feel free to give us a call. (219)531-7787

      –Attorney Anna Christodoulaksi

  • chris

    I’m sorry this question has been asked before in various ways and I would like to have it clarified please. My daughter is 19 and her father has no involvment in her life. He will not help with any additional expenses except her child support which is court ordered to be withheld from his check. I understand he has to take me to court to get the order changed, which he is doing. She gets a pell grant to cover most of her school expenses and she is living at home to cut costs. However, she still needs her car, her gas, her meals, other school supplies, etc… With her medical expenses and everything considered the child support pays for about half of her expenses. I don’t ask him for anything extra. What can I do to keep the child support order the same if anything? Can the judge choose to leave it the same, can I ask that it be paid as college expense support? And how long can he keep her on his health insurance. (She is a full-time student). Can I request he pays my attorney fees for this? Thank you very much.

    • http://www.etzlerlaw.com akc

      Dear Christine,

      A court will take into account all those extra expenses you have mentioned if you petition the court for post-secondary expenses. However, since she is over the age of 19, the child support obligation will likely be terminated. If you are located in the NW Indiana area, please feel free to give our office a call at (219)531-7787 and I’d be more than happy to talk with you.

      –Attorney Anna Christodoulakis

  • mike c.

    I have a 20 year old son ,that doesn’ t go to school.His mother won’t allow him to work because he has some learning disablies ,I know there’s many jobs he could perform and I tried to help him the best I can.I just don’t understand why u have to petention the court to stop the child surport.It isn’t even spent on him.I’m just afraid that if I file a the judge might find him disabled and order it longer .I could help him much more If I had the money instead of his mother .The money comes straight out of my check and my work says I have to have a court order to stop it .

    • http://www.etzlerlaw.com akc

      Dear Mike,

      Child support may go on indefinitely for a child that is severely disabled and has no capacity to be a self-supporting adult. However, since he is over 20 years old, and if a court believes that he could be a self-supporting adult, you would have to petition the court to terminate your child support obligation. I hope this helps. If you are located in NW Indiana, feel free to call us for a free consultation. (219)531-7787

      –Attorney Anna Christodoulakis

  • Kimberly

    My daughter will be 21 in December. Her father has petitioned for emancipation with the new July 1st ruling. My question is, we have an education order in the decree. She started college but then took a year off and is starting up again this fall. Will this education order still be valid? Do I need a lawyer or will the order stand just by being in the original decree? Thanks for you help!

    • http://www.etzlerlaw.com akc

      Dear Kimberly,

      Child support and post-secondary education expenses are two separate obligations under Indiana Law. I would need to know more about your case in order to give you a better answer, if you are located in the NW Indiana area, I encourage you to give us a call at (219)531-7787.

      –Attorney Anna Christodoulakis

      • Kimberly

        Just to let you know…yes it is still valid and will cover post secondary education along with housing, food, gas, internet access, car insurance, basically everything she needs to attend school while living off campus. It was done as 1/3 for all parties.

  • Todd

    I have 2 children. I currently pay child support for both my of children. My son is 20 and has been serving in the Military since January, and my daughter is 18, just graduated from high school and has a child of her own. My daughter still lives at home with her mother and currently works. She has no current plans to attend college at this time, but has future plans to attend a nursing school. I have a G.I. Bill to pay 100% for her college if she decides to attend. I plan on continuing to pay support for both my children until my daughter turns 19 in November. At that time do I petition the court to drop the child support for both children, or since both my children will be 19 do I just stop writing a check to the court since I don’t have my support automatically withdrawn. Which is correct form of action? Also, can my ex wife request payment for college expenses if it is in our divorce decree if my daughter hasn’t signed up for school in over 4 months? How does my G.I Bill come in to play in the courts eyes since it pays 100% of tuition and expenses??? Thanks!

    • http://www.etzlerlaw.com akc

      Dear Todd,

      Indiana does not automatically terminate a parent’s child support obligation. Because your son is in the military and over the age of 19, you could petition the court to terminate your child support obligation of your son. Also, since your daughter has been out of school for 4 months, and if a court determines that she is capable of self support, you could also terminate this obligation as well. You would have to petition the court to terminate these obligations. However, each child will have until the age of 21 to petition the court for post-secondary expenses for each child up to a Bachelor’s degree. The court would take the GI Bill into account in making this determination. I hope this helps. And if you are located in the NW Indiana region feel free to give our office a call to schedule a consultation. (219)531-7787

      –Attorney Anna Christodoulakis

  • Michelle

    My husband has been paying child support and educational support for his daughter. She just turned 21 and is still attending college. Her mother is petitioning that child support AND educational support continue until May 2013 (her graduation date). Would my husband be smart in petitioning the court to end ALL support (educational and child) since she is 21 now. He and I have 2 children living at home and are struggling to make ends meet!

    • http://www.etzlerlaw.com akc

      Dear Michelle,

      Your husband’s child support obligation can be terminated since his daughter is well over the age of emancipation. However, post-secondary support does not terminate at a specific age. A child can petition the court up until age 21 to cover post-secondary expenses up to a Bachelor’s Degree. I hope this helps, and if you are located in Northwest Indiana, feel free to give us a call at (219)531-7787.

      –Attorney Anna Christodoulakis

  • Troy

    I pay child support for two children. My oldest just graduated high school, with no intention of enrolling in college. She will turn 19 in January of 2013. I understand that I can file for termination of support, but she or her mother may also file for educational support. What would happen if my daughter does not enroll to college full time by the time she is 19? Could I then file to terminate support? Would she be able to file for additional educational “needs” even though she has not enrolled full time to college for at least 4 months?

    • http://www.etzlerlaw.com akc

      Dear Troy,

      In order to request post-secondary college expenses, she would have to be enrolled in post-secondary school. You can file to terminate child support anytime after she turns 19, regardless of whether she is enrolled in post-secondary school. I hope this helps.

      –Attorney Anna Christodoulakis

  • Kris

    Do court ordered back child support payments end when the child turns 19?

    • http://www.etzlerlaw.com akc

      Dear Kris,

      The law is brand new so there is no way to be completely sure as of now how the court’s will tackle this issue, but tentatively I would say no.

      –Attorney Anna Christodoulakis

  • Dave

    You’ve hit all around my situation, but not exactly. I am paying support on two children. The oldest is a 21-year-old college student. He lives with his mother 8 days out of every 14 and lives with me the other 6 days. His tuition and expenses are paid through scholarships and grants. I understand I can petition the court to terminate my child support obligation. My ex-wife works but earns little. Could she successfully petition the court for post-secondary expenses based on the 8 days he lives with her, even though he lives the other 6 with me?

    • http://www.etzlerlaw.com akc

      Dear Dave,

      Both your and your son’s mother’s would have to contribute to your son’s post-secondary educational expenses, and many factors would be taken into account to determine the amount of each share. I hope this helps.

      –Attorney Anna Christodoulakis

  • Tami

    Under the new law that took effect July 1, 2012, is it the “child” that must petition the court for post secondary expenses? What if the child is already 21 but will only be a senior in college? Also, if a petition is made to stop child support months after July 1, 2012, does any money have to be pay back to the custodial parent who was making those payments?

  • Gail Boll

    Hello,
    I was curious. My childrens child support was deducted a certain percentage I believe 6 percent weekly for the non custodial parent for visitation, which he never did. I believe they should be able to get that amount back. Just wondering if you had ever had any cases about that. Thank you

    • http://www.etzlerlaw.com akc

      Dear Gail,

      Child support in Indiana is determined by, amongst other factors, how many overnights the child spends with each parent. Without more information I would urge you to hire an attorney to talk about a possible modification of your child support order. If you are located in Northwest Indiana, please call (219)531-7787.

      Sincerely,

      Attorney Anna Christodoulakis

  • Missy Speer

    my ex has a 21 year old son who he continues to pay support on even though the child did not finish high school my ex informs me he does this so i wont get any more support for our daughter.can i request the court to stop on the older child support since his father wont because my ex paying that lowers what my daughter gets

  • Paula

    My daughter turned 19 and she just graduated from high school on June 12, 2012. She will be attending school in the fall full time. I spoke with the prosecutor and she told me that she might be considered to stay on due to disabilities she has. She also told me I have to get a doctor statement saying she can’t work full-time as well. When did they want kids to start working full time jobs and attend full time school? Her father is in the military, the military will be taking care of college. How do you apply for educational support or show that she has can she stay on child support due to her disabilities that they might not consider a disability. According to the ADA law she would be consider have these disabilities. Where do I go from here?

    • http://www.etzlerlaw.com akc

      Dear Paula,

      In Indiana, if a child is considered disabled, to the point that he or she can not be a self-supporting adult, than child support may continue indefinitely. However, keep in mind that your ex would have to petition the court to terminate his child support obligation. You can petition the court for post-secondary education expenses, but the court will take into account any financial aid that your daughter would receive from the military. If you are in Northwest Indiana, I urge you to contact our office at (219)531-7787.

      –Sincerely Anna Christodoulakis

  • Lisa

    My question is this, I’m paying child support ok. My son turned 19 back in February. He didn’t go to college or anything but he does work part time. His dad I’m not sure since he doesn’t want to comunicate with me very well claims our son has a disability all I know is that he can’t comprehend and if our son is on disability then shoudn’t I got to sign a paper for that? I dropped papers off to his dad to sign since I found out July 1 was when the age change from 21 to 19. Now he doesn’t what to sign the papers. He wants to wait til our son is 21, can he do that? If our son is on disability should the judge/court know that? I even gave him a copy of the age change 21 to 19. I know I have rights but feel like my son’s dad wants to do it his way and not by the law. What can I do or what should I do? Apparently I had 1 question too many, sorry but would appreciate what I should do. Thank you.

    • http://www.etzlerlaw.com akc

      Dear Lisa,

      In Indiana, if a judge determines that your child has a disability that prevents him or her from being able to self-support as an adult than your child support obligation may continue on indefinitely. I’m not sure as to what the papers are that you are referring to, but I would encourage you to hire an attorney. Best of luck.

      –Attorney Anna Christodoulakis

      • Lisa

        Thank you. As for the papers, I’m referring to, me either all I know I read The Indiana General Assembly recently passed ( SEA 18) The part for the non-custodial parents no longer be obligated to pay current child support once theei youngest child turns 18( unless the court has found the child(ren) to be disabled). That section there, like you said if the judge determines. Right now I don’t know if he’s getting anything for his disability ( my son ) if he does have a disability that needs assistant part-time or full time. I know he has a job plus if he does have a disability, I heard with a disability they can only work so many hours a week and my son is working 10 hours the most over if there is a limit. I don’t have anything claiming he has a disability right now or yet. I will find out if my son is on disability if/when we go to court. I already filed the papers plus since my son’s dad didn’t signed he got a certified letter from me today. Hopefully the judge will decide plus if need to be I will have a lawyer also. Thank again for answering my question(s).

  • Tom

    I have child support taken directly out of my check and have never been behind. My son is 20 years old. Works and lives with his girlfriend part time and his mother part time. I have filed to terminate child support. My son stopped by today and told me his mother his pressuring him to sign up for school to continue collecting child support. He doesn’t want to go to school and his mother doesn;t want to lose the child support. If he signs up school before out court date, later this month. What do you think will happen? Thanks Tom

  • Joan

    My husband has a son who will 21 in September and will enter his third year of college this August. My husband currently pays child support for his son and his 18 year old daughter. He also pays 50% of his sons college expenses (verbal agreement). To add to that my employer pays for all of his sons tuition and fees and we pay 50% of the remaining costs such as room, board, books, etc. on top of the child support he pays. With the new law, does my husband need a lawyer to file a new child support worksheet to remove his son and can the tutition and fee benefit I receive from my employer count towards our 50% towards his education? It is my understanding that you do not pay both child support and college both, correct?

  • Tara

    My husband filed for termination of child support but his daughters mom filed a modification to child support for college is that the same thing as petition for post secondary child support

  • Jay

    Hello, I have a few questions. Indiana has automatically amended my IWO to $0 . And my exwife has just been informed of this. My ex is now saying she is contacting her attorney for not only secondary support but retroactive to when my daughter started college. My daughter who is twenty and lives in her own apartment, has a full time job and also has grants, and scholarships . Since there was no secondary agreement ever established, is this possible? My second question is since my daughter is an adult now she is the one who has to petition right?

  • http://GordonAEtzler&Associates,LLP Allison

    I have a son whom turned 20 years of age recently, and is a full-time student. The tuition is paid for, but books supplies are not. His Father has petitioned to have the support stopped. There was a court order before June 30, 2012 for the support, but not for educational expenses. Can I as the custodial parent file for educational expenses.

    Thank you for your advice

  • Robert

    Here is a new one for you. The new law took affect on July first. My daughter turned 18 on the eighth. I have paid support to her mother for years but we have never ever gone to court. So there is no legal child support papers between us. Except some papers we drew up between ourselves. I am going to continue to pay support untill age nineteen and stop. Then she is going off to college. Am I legally bound to pay for collage at all? I am planning on paying untill she is 21 a third of all costs. After that I would like to stop. What do you think about this situation? Thanks for a reply
    Jeff

  • Karen

    I just learned of this new law. My fiance has 2 sons who just turned 20 this past April. His child support order from a year ago says he has to pay until they are 21. Neither is attending any secondary schooling. So does this new law mean he can stop paying his child support and if so, what does he need to do, and can it be done without a large expense of an attorney? The one he had for his divorce raked him over the coals financially. Thanks so much for your help.

  • willie

    My daughter is 20 and will be 21 in Nov. I filed emancipation and have a hearing set soon. She is in college and cannot support herself at present. She recently tranferred home to a college in the state. When we go for the emancipation can the custodial parent bring up educational support at this hearing or will the court direct her to file a petition? Also can a judge order child support to be paid directly to the child at age 20?

  • Jim

    My daughter turned 18 last month and is off to college in the fall. i have no issue paying support as she will need it to assist with her tuition. I would like the money to go to her, not my ex, to insure that this money is being used for that. Is that feasable and if so, what do I do to make this happen? My ex is a good person but we will have to share about $8000 a year out-of-pocket and I am trying to convince her that my $480 a month I pay in support should be used for that, where she is trying to get me to pay half of that $8k and not use the support. My daughter will be gone 8 months out of the year and I have transferrred my Post-911 GI Bill benefits to her for colledge to use. In addition to paying almost half her tuition ($49k a yr school) it will pay my daughter $500 a month for living expenses. That is why I see no reason that the support will be needed for her living expenses that her mother has to pick up. Am I being unreasonable?

  • Cindy

    Does a 20 yr old child have to be a full-time student in order for mom to even apply for educational support? My husband’s daughter is only taking 2 online classes each semester, and is receiving grants, etc… to more than cover her expenses. thanks!

  • Mary

    My daughter won’t be 19 till January of 2013. She graduated from high school this past spring and will be attending college this fall. My exhusband has made comments to me that he will not have to pay support after she turns 19. It is “my understanding” that this law does not apply to children attending college. With my income being very low, I was able to get her financial aid. So what does this new law mean to me? I need to prepare financially if I will not receive any support after she turns 19. Please respond to my personal email. Thank You

  • Marcie Lear

    “Also, you are correct in that you cannot emancipate a child enrolled in college full-time until age 23 in Indiana, despite the new law.” cab April 26, 2012 at 3:31 pm

    Could you provide some information on this statement? My son is 20 and enrolled in college full time. My ex-husband (who owes $55,000 in back child support) recently sent me copies of his filing to have our son emancipated as well as to have his support lowered. I am in Harrison County and no one at the child support office can help me as far as what I need to do to file for educational support. However, from the above statement, it sounds like I might not have to bother with filing for educational expenses if my son can’t be emancipated if he is a full time college student. The child support prosector told me it didn’t matter if he was a college student or not, that he would be emancipated because of the new law. So, I’m confused. If there is a statute that supports your statement I desperately need it.
    Thanks for your time!

  • MDB

    My ex wont show me his wage stub so I can calculate whether support should be increased. Can I make him do it?

    • http://www.etzlerlaw.com akc

      Dear MDB,

      This is information that would normally be found out in the discovery process.

      –Attorney Anna Christodoulakis

  • Kay

    My son is a 2012 high school graduate. He plans to attend IVY Tech this fall and spring 2013. Is his father responsible for any college expenses after high school graduation? He plans to attend IVY Tech but after this year 2012-2013 he plans to transfer his credits to a 4 year college that offers his field of interest.

    • http://www.etzlerlaw.com akc

      Dear Kay,

      He could be, you would have to file a petition for post-secondary education expenses.

      –Attorney Anna Christodoulakis

  • Dan

    Just one question for you, my daughter turend 19 on june 9 2012. She has also been married since October of 2011. Do I still have to pay for college for her since she is married? I am currently paying child support and have a court date in august to have her emancapaited but was just wondering about the secondary-educational part.

  • John Smith

    Our support order is in Indiana. My Ex and Daughter moved to Kentucky and I to Georgia a year ago. My Daughter recently graduated from HS and will turn 19 in October. I welcome post-secondary expenses but dont want, cant afford that and college. How does the new law in Indiana affect me? and can you assist as I am from out of state? Thank you in advance for your assistance.

  • Mike

    I have a totally different situation. I was divorced in Indiana 6 years ago and immediately my ex quit her job and her & my child moved out of state. 4 years ago I was transferred to a different state. I filed for termination of child support in Indiana since she will soon be 21. (I’m aware of the new July 1st law). She is a junior in college in her home state. My decree states as far as education that if parents can’t agree on educational expenses we go into mediation. I was asked for nothing for college for 2 years. Recently I received an email from my daughter/ex (looks more like ex wrote it) that says I agreed to pay a percentage of college because we have a child support worksheet and she is using that percentage. (?) I responded that I wouldn’t discuss the divorce decree with my child. Since then she has totally cut me off and won’t talk to me. Her junior year is paid 100% with grants scholarships and a small loan. If I am petitioned for a college order, I see the balance is $0. Can a judge order me to pay for college if it is covered 100%? Also, mom lives with boyfriend (may have recently married) and doesn’t work. Does the fact she is supported by her boyfriend/husband cause me to pay off her loan as she requested or any other expenses? Ex never moved the jurisdiction out of Indiana. If I am ordered to pay for any college expenses can I move jurisdiction to either her state or mine and not be forced to pay?

  • TJB

    I have been reading the blogs and I’m confused on one thing. My husband’s son graduated 2012 and claims he is going to college but we have never been provided proof of anything, we are suspecting that it is not true. He turned 19 in July. Who actually petitions the court for the post secondary education expenses, him or his mother? Does it make a difference on whether he attends college fall 2012 or sits out a semester or more?

  • Lisa

    My husband has two children ages 15 and soon to be 18. The 18 year old is joining college after he graduates next year but do we still pay if he signs up for the Miltary the summer before he goes to college? We have them Tuesday-Sunday one week and Tuesday and Thursday another week. My husband makes quite a bit more than her. Do you know will he have to pay a lot still if we were to take her back to court?

    Thank you for your time.
    isa

  • Katie

    Well, I’ve been 18 and graduated high school in May of this year. I’ve been enrolled in college since June as a full time student but I received a letter in the mail stating that my social security/child support checks would stop. I turn 19 in August, 4 days before I actually start college. I’ve been emancipated since I was 18 so that I could have my checks and not my mother, but she always told me that I was to keep getting the child support until I was out of college or a certain age. I sent in a letter about me being a full time student but received another letter today stating that I can not keep getting the child support because I graduated high school. My father has been behind several times and quit paying my older sisters when she turned 18 and was still in high school so I know he does not want to pay so I guess I do not know what to do now. On the letter I got first it said that I had 60 days to fix the issue but I just got information saying that I can’t get the money. Now its been exactly 61 days after the notification so I am not sure if I can appeal or not.

    • cab

      Katie,

      Unfortunately, Social Security Disability, while it does include a benefit paid directly to the child, does not provide a benefit for post-secondary education expenses. Technically, all child support stops at 19 in Indiana according to the new law. I am less familiar with SSD benefits as they apply toward such an obligation, but my understanding is that SSD benefits do terminate at the child’s graduation from high school. Unfortunately for you, when the noncustodial parent is disabled and receives SSD, no court will impose post-secondary expenses upon the non-custodial parent, since by definition the disabled parent is unable to work and earn an income. I wish I had better news for you, but at least I could help better explain the situation? If you would like more specific advice, please give us a call. 219.531.7787

      -Attorney Christopher Buckley, Partner, Gordon Etzler & Associates, LLP

  • Derek

    Does the child or the parent file for post secondary support? If the child (age19) lives in an apartment year round does that make a difference? If the judge rules termination of support is that effective as of the law change (july 1) or the day of court?

    • cab

      The child or the parent may file a petition for post-secondary support if the child is of the age of majority, but if the child is a minor, obviously the parent would have to file it. It certainly does make a difference that a child lives in an apartment, but it would depend on a variety of circumstances. Typically, I am finding that judges typically will not go back further than the date of filing of the petition (which is common practice) but I have heard of cases ordering repayment back to the date the child turned 21 (or now 19). I hope that answers your inquiry. If you have further questions or concerns, contact myself or another family attorney at GORDON ETZLER & ASSOCIATES, LLP. (219) 531-7787

      -Attorney Christopher Buckley, Partner, Gordon Etzler & Associates, LLP

  • Jeff

    I have a daughter that is 20 and will be 21 in October. She is now married and does not intend to go to college. And i have a son that is 18 and will be done with school mid term. his birthday is in march. My question is can i petition the court now for my daughter to be removed and in march for my son, he does not plan on going to college.

  • RFC

    Hi,
    I was wondering we have a 18 year old step-daughter who lived with us for a little while then went and lived with mom and didn’t keep her grades up barely skirting by. She will be 19 next year and has already approached us about college. We are believers of working, saving and helping out with the college expenses. Unfortunately, she has not been instilled with these same values. Will a court look at her previous grades and lack of any scholarships, grants, when considering awarding post-secondary expenses?

  • Dean

    My support order was worded in a way leaving me as the non custodial parent with visitation. Recently my sons mother decided to send him away to military school against my wishes. It was his desire as well as my desire to give me a chance to make a difference with him rather than send him away. The program is five months in duration and at no cost to the mother. Am I obligated to continue to pay support while he’s away and what are my chances in for getting him back home and at least getting joint custody? Upon completion of this “program” he will be 17 and have his GED.

  • Brandy

    My husband has custody of his 18 year old son and he just graduated in May 2012. Since then he has refused to come back home and wants to move in with his mother and now she is asking for child support. He will turn 19 in March 2013 and we are not sure if he will be attending college full time. Can we emancipate him or what options do we have? Won’t support cease in 7 months anyway?

  • Ashley Lee

    Yes i was wanting to know how can my boyfriend stop paying child support on his kids when they are now living with us an been for 1 month an they are staying here. They are enrolled in school with us. The mom is claiming food stamps an government stuff on the kids when they are not living there? We have asked Marion county to stop an They are not returning our phone calls. I dont see why he needs to pay her when he have the kids full time?

  • Kathy

    I have a son that just turned 21 and he is a full time college student. His father was ordered to pay child support and 50% of his expenses for school that is not covered by grants and scholarships. His attorney told him that my son was emancipated without going to court so he just stopped paying completely. Can he legally do that?

  • Kimberly

    Stepson is 16 and we have custody. Just now determining child support from mom. When should we file for an education order for post secondary education?

  • Clint

    I live in FL and my son lives in IN. My son turned 19 in March and has moved out from his moms house. He is now living with friends and going to college. I have a arrearage of 10g due to trying to get on disability for my back. Their is no secondary school in our decree. Can I stop payments and how? How much does a attorney charge? Also, would my son be able to petion for support from both myself and his mother? Or, can my exwife just petion to pay her till he graduates, He tells me she isn’t helping him with any expenses. Thanks, for your help, Clint

    • http://www.etzlerlaw.com akc

      Dear Clint,

      It seems as if your son would be a good candidate for emancipation. However, keep in mind that his mother may petition the court for post-secondary expenses until he reaches the age of 21. You would have to petition the court to terminate your child support obligation. Unfortunately, since every case is different, I cannot quote you a fee with the information you have given me, nor can I do so online. Feel free to give our office a call at (219)531-7787.

      –Attorney Anna Christodoulakis

  • Samantha

    My step-daughter turns 19 this month. She is a senior in high school and does not graduate till May 2013. She was held back in 1st grade which is the reason she is still in High School. She still lives with her mother at this time. Would we be able to file a petition this month to stop her support when she turns 19 or would we need to continue to pay support until she graduates High School in May 2013? Please advise.

  • Dena Martin

    My husband’s son turned 18 in July. Due to some recent discoveries we’ve made about his home life, we would like to petition for either emancipation or modification of support. Do you think this would even be considered?

  • Ellen

    My son turned 19 in August and my ex husband has filed to terminate child support due to emancipation. Do I need to go to this hearing and will this effect his back child support that is still owed? Since this document has just been filed does that mean that during these last 4 weeks since my son turned 19 he was still incurring child support?

  • AM

    I have 3 kids 17, 14, 6. I read on the indiana government pages that even when my oldest turns 19 I will still have to continue paying at the same level I currently pay for all 3 kids until my youngest turns 19. Is that really the case as by then my oldest will be 30!!

    • http://www.etzlerlaw.com akc

      Dear Karl,

      Each child may be emancipated when they reach 19, and then your overall child support obligation will be modified to reflect that emancipation. You should not be paying child support for a thirty year old unless he or she has some kind of disability.

      –Attorney Anna K. Christodoulakis

    • AC

      My 19 year old daughter had a baby two weeks ago. She’s moved out of her mothers home with her baby. Her mom told me, I still have to pay child support because she’s in college until she’s 23. My daughter has a job and is recieving financial aid and student grant money and medicaid. Can she be emancipated?

  • Joe

    I have 3 children and my x was to pay me child support for all 3. Due to circmustances I moved to a different state to find a better job and get setteled. During this time my x offered to watch over the children. She kept child support card to help pay for expenses. She was never out anything. When children would call me and ask for money I would send what I could every time. I have some receipts showing where I wired money to my oldest daughter. My oldest turned 19 last month and I now have my other 2 with me here in TX while my x lives in Indiana. I just rec papers today stating she wants child support modified which I can understand, but she expects me to to pay back support while she had children and pay for my 19 year old who still lives with her to attend college and my 19 year old has a job too! What do you suggest? I live in Texas they live in Indiana and I cannot go to a court date in Novemeber while I just started my new job too!

  • Ryan

    Hello.
    Concerning the new law went into effect on July 1, 2012, about lowering the age from 21 to 19 on child support- I hired a lawyer on June 1 to prepare for this (my support is deducted from my check, I’ve never been late) and here it is Oct 5 and still nothing is done!! I am now 3 months overage on my pymts. My lawyer’s assistant says my ex asked for and was granted a change of venue. According to the atty’s assistant, a panel of judges were selected- the ex’s atty tossed 1 out, my atty tossed 1 out and the last one left declined the case!! I’m not getting any info on my case from my atty.
    When I call I never talk to my atty, it’s always the assistant. What can I do? I’ve already paid close to 3K to my atty. If this is a law, why is it taking so long?
    Can I file a complaint against my atty?? Can I collect on my 3 months overages?
    Any and all help is greatly appreciated.
    Thank you,
    Ryan
    .

  • JoAnna

    My husband is paying past due child support for a child that will turn 28 next year. Under Indiana statute, doesn’t Enforcement of child support obligations end 10 years after the eighteenth birthday of the child? If so, does it just drop off the books or do we have to hire an attorney to petition the court?

  • Kim

    My husband who is non custodial parent of his daughter (age 20 at the time). He filed to emancipate her and also filed for an education order as well to help with college expenses with a verbal agreement for half for bachelor’s degree. The custodial parent did not file for an education order, the daughter has now turned 21, and this has never gone before a judge yet. Even though the non custodial parent filed for an education order will this still be valid since it was not the custodial parent who filed and she is now 21 and nothing has gone before a judge yet? Can this order be canceled? Custodial parent has decided not to honor the verbal agreement of half and now wants 80% as she chooses to only work part time. What can be done?

  • Lloyd

    I have a 21 year old daughter and am paying child support. I have a mediated agreement stating post secondary education expenses are split with 1/3 paid by Mother, Father, and Child. The Agreement specifies what consitutes educational expenses (e.g. room, board, books, tuition, etc.). It does not mention the cost of the premium for health insurance. I currently carry my daughter on my insurance but get credit against my child support for my ex-wife’s portion of the premium. When I emancipate my daughter, I understand I will no longer pay child support but I will also no longer recieve credit for the insurance premium. Will I have to pay 100% of the premium myself? Will it be added as a post secondary expense and I will only pay 1/3? How are the courts addressing this issue? Thanks for any guidance you can provide!

  • Amy

    My daughter turned 19 in March and I just found out the law changed from 21 to 19 yesterday. I wasn’t even aware of the change and I am still receiving child support from the state. It is withheld from my ex-husbands check and the state deposits the child support into my bank account bi-weekly. I read the other questions and saw that my ex would have to petition to have the withholding order stopped, but my question is since neither of us were aware of the change, will I be obligated to pay back my ex since July 1st when it finally stops? Any info would be helpful

  • Maggie

    I have an 18 year old son who I have custody of. He is currently attending Purdue University and we live in NC. His father lives in IN and has claimed him on taxes based on our divorce decree so and has filed the FAFSA. His father recently petitioned for child support to end, and also petitioned for custody, and for me to pay 1/3 of the college expenses, which I do not have. Also, I was left out of the college process and had no input as to where he would attend and how much it costs. I still have no idea and have never seen a tuition or housing bill to know what the costs are or will be. Basically they worked out all of the college details without me and then my ex conveniently petitioned me to stop support, which I am ok with, but additionally wants to put me on the hook for 1/3 of college expenses to a college I had no input about. Since I am in NC and our divorce was in Indiana do I need an IN attorney? Also, do I have a leg to stand on regarding being on the hook for 1/3 of the college expenses? I have not signed any of the paperwork the his attorney has sent me but wanted to know what to expect. It feels like I have be dealt with underhandedly and have a financial gun to my head to pay college expenses I cannot afford. If it were up to me I would have chosen something more cost affective that I could better afford. Help!

  • Greg

    I am paying child support for a 22yr and 19 yr children. The 19yr graduated high school this past spring and now lives with her boyfriend. The 22 yr old has been enrolled in college full time for two years now. He just joined the Army Reserves, and will disenroll from college so he can attend basic training in Georgia. He plans on re-enrolling college full time upon completion of basic training.

    I do understand that I can petition the court to terminate child support. There is no post secondary expense order.

    I won’t be required to pay post secondary expenses on the 22 yr old that is in the Army Reserves, but I may be required to pay post secondary education expenses on the 19yr old if she decides to enroll post-secondary education?

    Thank you.

  • Susan

    Son turned 21 in August, but is still a full time college student we are paying 33% of college expenses and full support.
    Daughter is 17 and graduating high school in December and planning to go to college in August of next year.
    There are no post secondary expenses in the custody/support decree.
    1. Can we petition to stop support as well as college expenses for son (21)?
    2. Where do we stand with daughters college expenses?
    Thank you.

  • Tiffany

    I have two sons, one turned 19 6/30/12 and is currently a sophomore in college. He also has a disability recognized by our home state rehabilitation (our orders are in Indiana). My ex wasted no time and had his support terminated at our July 1st hearing. My concern is for out 14 year old who will not graduate high school until he is 19 1/2 years old.He failed a grade while in his father’s custody. The order has already been written that teminates his support on his 19th birthday, while he is still in high school. I do not have the means to fight this order- what do I do?

  • Cheryl Andrews

    When child support stops at age 19 and the child is enrolled in college, what parent will claim the child as a dependent? If both parents are paying 1/3 for college but the child lives with custodial parent during summer break, who claims the child as a dependent?
    Also, is the non-custodial parent still required to continue health care coverage for the 19 yr old dependent who is enrolled in college?

    • cab

      Cheryl,

      All of your questions depend on what is included in your final decree and/or most recent modification order or petition for postsecondary expenses. Please contact an attorney at our Firm and we can discuss the particulars of your case. (219) 531-7787.

  • http://kimberleyrobinson1@att.net Kim Robinson

    A year ago my ex and I went thru mediation, he had child support lowered because his company went out of business. Our daughter at the time was age 19. He lied and failed to mention that he had started his own business and he now collects military disabled benefits for our daughter. At this time he is paying a small monthly support and half of her educational college expenses. His disabled military benefits pay her tuition only. We are supposed to split her additional expenses includes lab fees, gas, car insurance, food, health insurance, etc. Today I received a letter from his attorney for emancipation of our daughter whom is now 20. I figure he will get the child support dropped and possibly file for over payment for the last few months, from July 1st 2012 until current. I am understanding by reading all these posts that I can file for post secondary college expenses before she turns 21 so he has to continue paying for part of her college expenses. However I read two post’s that are different, one states that this is only until she reaches 21. The other just said until she reaches a Bachelors degree. At what age is he responsible helping her while she is in college ? She is enrolled full time and lives at home, works a part time job to pay for other things. At times her grades have been an issue because of her relationship with her father. She has another year and a half left of her military funding and had to change her major. So she will be in school longer than I anticipated. Could you also recommend me a good atty near Castleton in Indy. Thanks

  • Vicky Entrekin

    Mine and my husbands circumstance is a little different in the fact that the mother was the custodial parent (and by law, still is) however, the daughter came to live with us two and a half years ago when she was 16. We continued paying child support just to try to keep peace between my husband and his ex. However, the daughter will be turning 19 soon, still lives with us, has graduated and is now enrolled at Ivy Tech. The divorce decree states that my husband pays 66% of college and the ex-wife to pay 33%, which we are doing. But now that the daughter is about to turn 19 and does in fact still live with us, can we file to have the child support terminated since the college expenses are already set in place? If we do have to continue paying child support until 23 because of college, I am assuming we would have to go through a whole new court ordeal to terminate the child support since we are the ones that have been supporting her anyway for the last two and a half years to get the custodial order changed. Is that the way it would have to be done?

    Thank You

  • yavonda myers

    I just gopt court papers in mail for my ex to stop child support,my girls are 20 and 19. They are in college full time,how do I file for post-secondary education expensed? And how different is that from child support? Thank you, alslo I have no money for a lawyer

    • cab

      Yavonda,

      You really need a lawyer for something as complicated as the new law and postsecondary expenses. If you qualify, a pro bono lawyer could represent you. I would suggest searching the Indiana Pro Bono Commission’s Website: http://www.in.gov/judiciary/probono/

      I hope that helps.

      -Attorney Christopher Buckley
      Partner, Gordon Etzler & Associates, LLP

  • tina

    Me and my ex-wife signed an agreed entry to modify my child support, now she is calling and harrassing me at my job wanting more money for bookrentals or basketball fees or wanting me to take off work to take my son to get physical (so i would have to pay for it). She has the kids call me to pay their cell phone bills or to just ask for money. I told her to not call my work screaming and yelling but continues to do so until i agree on something to benefit her. What can i do or say to make her stop? I pay my support and help out with extras when i can. I am ordered to pay $135.00 week but she has to pay me back from the court date cause i was overpaying so now i pay $103.00 week for 8 months then one of my children will be emancipated and i will only have one left to pay on for 2 more years. What can i do? Thanks

    • cab

      Well, this raises many questions. First, unless your Agreed Modification Order says otherwise, the Indiana Parenting Time Guidelines provide that the parties are to split extracurricular activities equally. So, anything related to education or extracurricular activities you would be responsible for a portion thereof. As to the other expenses, e.g. cell phone bills, you would not be responsible unless the Order explicitly says so. Cell phone bills are not an extracurricular expense, and in my opinion, are not a necessary expense.

      As far as the harassment, you would want to hire an attorney. There are a variety of measures you could pursue against her, but it would be difficult to determine without actually seeing the Agreed Order. In any case, if she is found to be in contempt for any reason, she could be ordered to reimburse you for attorney fees. For more specific information, please feel free to call for a free consultation. (219) 531-7787.

      Hope that helps,

      -Attorney Christopher Buckley
      Partner, Gordon Etzler & Associates, LLP

  • Dawn

    I have a special needs son who is now 19 and still a full time high school student. My order was originated in Indiana, but the father lives in Ca. In March of this year, I requested a modification to continue support and we did not hear back from Ca. until Oct. NOW, Ca. is trying to terminate the support order. How will this new law affect my son’s support? I also have an 18 year old who plans on going to college next year. Does the new law mean I will solely have the financial burden of getting both boys through high school as well as sending one to college?

    • Rachel

      How about getting student loans like we did 25-30 years ago sheeze.

  • Merry

    I have a step daughter who is 22 and has Aspergers . We still pay support on her. She is on the high end of the spectrum and graduated in the top half of her graduating class and took all regular classes. No special classes due to her disability. Her social worker has had her work in numerous local business’s and she has always did well. But this have always been volunteer work and never for a pay check. Her mother filed for SSI for her and she was approved. She is also moving this weekend to an assisted living center with other adults like herself. She has a job doing piece work for one of the local warehouses and will earn a pay check from this on top of her SSI. We are not sure the exact amount, but seems like the two of them are more than enough to pay her expenses at the center. Do you think a judge would approve emancipation due to the child not living at home any longer? Her mother is her guardian and does take care of her bills for her.

    • cab

      Merry,

      This is a tricky one. Judges are hesitant to take away the duty of support when one of the parents continues to incur bills on the child’s behalf, especially in special needs situations. I think most judges are currently interpreting this as an exception to the new law, but it would be difficult to determine based upon the facts here. Please feel free to call for a free consultation. (219) 531-7787.

      -Attorney Christopher Buckley
      Partner, Gordon Etzler & Associates, LLP

  • mimi

    I have been paying child support for 5 years and she has been living with me
    I have been clothing her, feeding her, keeping her with shelter, giving her everything she needs and wants, yet he hasn’t attempted to call to even see if she is alive. I am sure this is fraud but cant afford a lawyer. I live in the state of Indiana and dnt know what to do.

    • cab

      Mimi,

      Well what you need is a modification of custody, and this definitely requires a lawyer. If you cannot afford one, there are many resources available to you. The first is the Indiana Pro Bono Commission. You must qualify by income. Also, if it is in Porter County, the Valparaiso University School of Law has a legal clinic available for those who cannot afford an attorney.

      I hope that helps. I wish you the best of luck.

      Sincerely,

      Attorney Christopher A. Buckley
      Partner, Gordon Etzler & Associates, LLP

  • http://etzlerlaw.com/new-indiana-law-allows-termination-of-child-support-when-child-turns-19/#comment-4023 Rita

    Hello Chris,
    On October 2, 2012, I posted a question to you on this site however, I posted it at the top of the page by mistake, so you obviously did not see it. Could you read it and give me a response when you can? Thank you so much.
    Rita

  • Gary Diller

    Hi. I live in Indiana, my daughter and her mom moved to Ohio a few year ago but I still pay support through Indiana court. She is currently 17 and will graduate H.S. when she turns 18 in June of 2013. She is most likely going to attend college in New York on scholarships. I want to continue supporting her through college. My question is does her mother continue to recieve the support money,or post-secondary education money or can I send money directly to my daughter? Thank you in advanced.

    • cab

      Well, first, it is difficult to determine without looking at the divorce decree or most recent modification order. I will say, however, that the law in Indiana says that you cannot be imposed upon twice for a single set of expenses. Namely, depending on how much you contribute to your daughters college expenses (usually in proportion to your relative incomes), your support should decrease or terminate based upon these payments, especially if they include expenses for basic necessities, e.g. food, clothing, shelter.

      For more information, please call my office for a free consultation. (219) 531-7787.

      -Attorney Christopher Buckley
      Partner, Gordon Etzler & Associates, LLP

  • Jay Kopcha

    Chris / Anna,
    Quick question for you: I have transferred my Post 911 GI Bill benefits to my children, and am applying them right now as my pro-rata division payment as set forth in my original support order. Opposing counsel is trying to say that my VA Education Benefits (more specifically, the Post 911 GI Bill) should be treated/classified as “imputed and/or in-kind” income per the Indiana Child Support Guidelines. Therefore, it should be used to calculate my weekly gross income, and ultimately included/factored-in on the child support worksheet. The words used were “Regardless of how the GI bill is treated for federal tax purposes, it does appear to fall within the definition of “in kind” income in the Indiana Child Support Guidelines.”
    Now, I know that VA education benefits are NOT income, and are non-taxable for federal tax purposes. But can the Indiana State court determine the Post 911 to be “in-kind” income? I know regular VA Benefits, such as VA retirement pension and/or VA disability can be used and counted as in-kind income, but can VA educational benefits, such as the Post 911, be treated as such? The analogy I was given was: “As with a company car, if you did not have this benefit, you would be required to pay out of your own pocket.”
    What I know to be true: the Post 911 GI Bill is not considered income for federal tax purposes, a state court cannot tell me to who, and how, I must apportion those benefits to. It can order me to pay for post secondary education expenses, but it cannot tell me “who” to apply them towards, nor can it tell me how many months. Is that true?
    Lastly, since the court has ordered me to pay for college for my children pro-rata division, less any grants, scholarships, or fellowships, can the Post 911 be considered a “grant”? I know that to be not true; it is an education benefit. Is using my Post 911 GI Bill a feasible/appropriate way of paying my court ordered pro-rata payment to my child’s college expenses? I believe so.
    At your time and convenience, please advise. Thank you.

  • Steve

    I was searching for information about this law, and wondering how previously agreements for post-secondary assistance are affected. My ex and I had an agreement written into our original order that we each paid a certain percentage. However, our relative incomes have changed since then, and the original agreement had nothing about the child contributing anything at all. Does this new law mean that he will need to file a new petition to get post-secondary support? Obviously, it’s difficult to order any payment amount on vague percentages listed 13 years ago versus actual costs now. It would seem that an actual post-secondary assistance worksheet has to be completed, which would in itself result in a new calculation, correct?

    • cab

      Somewhat correct, Steve.

      First of all, the new law does not affect orders already in place. Period. Well, other than basic child support obligations (now terminated at 19 instead of 21).

      It seems to me that certain aspects of your post-secondary order may be modifiable and some may not be. Contrary to popular opinion, lawyers are most useful in family law in the formation of agreements, not fighting in court. What it appears happened here is that the parents agreed to an arrangement that is GREATER than the child support guidelines recommend. If parents agree to pay MORE than they are otherwise obligated to pay, those provision(s) would not be modifiable. On the other hand, provisions tied to particular incomes of the parties CAN be modified if you meet certain criteria. This most closely applies to your provision dealing with the percentages based on income. So, in short, I believe that you would probably be able to modify the allocation of percentages based upon your current respective incomes if you otherwise meet the modification criteria, but the provisions calculating the parental post-secondary obligation without factoring in the child’s ability to pay would likely not be. If you need assistance attempting to modify this (and I would strongly urge you to seek legal representation) please give us a call. One of our attorneys would be glad to give you a FREE CONSULTATION to discuss your case in more detail. (219) 531-7787.

      Hope that helps,

      -Attorney Christopher Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

      • Steve

        Thank you, Christopher. I obtained a copy of my decree, and it read much differently than the impression I was given. It simply read “if the parents agree that he is a good candidate for post-secondary education, they agree to each contribute based on the current laws at the time.”

        So, in other words, there is no actual post-secondary agreement already in place on anything.

        Thanks again.

  • Lisa

    Ih ave a son who turned 20 in June. With the new law that has passed this year who gets to claim the child on their taxes if the father has forfilled his dutys accoring to the new law? Our degree reads The respondent is entitled to claim in even numberded years providided he is current in his child support obligations. (and he is) The support has stopped so can he still claim our son who resides with me? Our son is in college full time and we get no extra help from his dad.

    • cab

      Lisa,

      This is a gray area. Your son is not eligible for emancipation under the new law due to his full-time school status, but you are still supporting him. My only suggestion is that you may be eligible to take the father to court for post-secondary education expenses if you have not already done so. While partial child support abatements are necessary to prevent a parent from paying twice for a single set of expenses, if the parent is not paying a share of the expenses, s/he is not entitled to such an abatement. There is some controversy in this law as applied in paternity and dissolution cases, but I would want to discuss that privately over the phone. Please give my office a call if you have any further questions or concerns.

      -Attorney Christopher Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

  • John Mills

    I am having some trouble determining the obligation of Medical Support and when one is able terminate such order.

    In my case there is no ‘child support’ ordered, however the Court (in 2011) issued a medical support order.

    Does medical support also terminate at age 19 as well (as long as you file, etc)?

    • John Mills

      After some deeper research I found the answer re. ins and and now understand that Ins coverage can be ordered under secondary educational order.

      Now this leads to, what about uncovered medical expenses – do the courts typically order parents to continue to order the parents to pay by there %?

      • cab

        John,

        You are correct re: that health insurance can be part of a post-secondary educational expenses order. Also, you are correct that out-of-pocket medical expenses are split according to the ratio of the respective incomes. For example, if Mother and Father have a combined income of $100,000 and Father makes $60,000, Father’s share of out of pocket medical is 60%. However, the party who is not paying the health insurance premiums is responsible for the first 6%. So, assuming you pay the premiums for the child’s health insurance, Mother would pay the first 6%, and the remainder would be divided 60/40 based on the example above.

        I hope that makes sense. Please call if you would like to discuss this in more detail. (219) 531-7787.

        -Attorney Christopher Buckley, Partner
        Gordon Etzler & Associates, LLP

        ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

    • cab

      Well, John, this would certainly depend on a variety of factors, but most notably the language in the order. Typically, medical support terminates upon the emancipation of the child, as laid out in the test above. If she meets the criteria for either emancipation per se or emancipation-in-fact, medical support should terminate barring any language to the contrary in your order. If a judge (or the parties by agreement) orders more, the statute does not apply.

      I hope that helps. Please feel free to call my office free of charge to discuss this in more detail. (219) 531-7787.

      -Attorney Christopher Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

  • Tracy Troy

    I am the noncustodial parent of our daughter. I live in Florida and she lives in IN at college. She turned 19 this past August 18, 2012. I was never notified of the changes to the child support law until her father called me yesterday. The support payments have been coming out of my pay regularly. We already agreed on college tutition in prior court orders. Does my ex now owe me for the support payments that I didn’t owe him after her 19th birthday? How can I get this stopped when I live in Florida and we no longer have any attornies retained? Thank you for your time.

    • cab

      Tracy,

      Well, first of all, this depends on which court (IN or FL) has jurisdiction over the matter. Was the original order issued in Florida or Indiana?

      I can only say that generally a court will only look as far back as the date of the filing of the petition for modification/termination in either state, except in very rare circumstances. I would definitely need more information before I could answer any questions. Please feel free to give my office a call for a FREE CONSULTATION. (219) 531-7787.

      Hope that helps,

      -Attorney Christopher Buckley, Partner
      Gordon Etzler & Associates, LLP

      ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

  • Julie

    My husband was taken to court for educational expenses in May by his ex. At the time, his son was failing most of his calses. He had a grant to pay for most of his expenses, even though his mother was making $60,000 a year. The judge ruled that they would split the expenses equally, and the student must maintain a C average. My question is, in what semester would it start? Does it start from the petition filed, or the following semester? He has yet to receive any bills or grades, and nothing else has come from the court. His son does not want anything to do with him, and the judge would not take that into consideration at the hearing. So how does he find out how much he ows, and for what semesters?

    • cab

      Julie,

      The language of the order itself usually spells this out in great detail, but sometimes the details are unfortunately left to interpretation. The post-secondary order should state whether it is retroactive, and if so, back to when. If the son is not fulfilling his duty under the order, it sounds like your husband may have grounds for terminating the order altogether. I would be glad to give you a FREE CONSULTATION. Please call my office to discuss this matter in greater detail.

      Thanks,

      -Attorney Christopher Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

  • http://Gordon&EtzlerEtzler Tonya

    Hello, my husband has a daughter that turned 19 last month,he has requested a modification of child support to have it stopped from wage withholding, and it got granted. That being said, the very next day we received court papers where his ex wife is taking him to court to continue the support. Now, he has not had any contact with his daughter for 2yrs in Jan. 2013, by her request, he’ s tried time and again to get in touch with her and she refuses to contact him, in fact she has her stepfather listed as her father on Facebook. My question is, is my husband going to have a hard time getting the support order completely stopped with her being in college, even though she clearly doesn’t want him in her life? Any help would greatly be appreciated.

    • cab

      Tonya,

      All that I can say is that there is a defense to support enforcement related to the willful abandonment of the child. There are no guarantees, and often these are very fact-sensitive determination that incorporate a number of factors. I would be glad to take a more detailed look at this if you would like to give my office a call. (219) 531-7787.

      Thanks,

      -Attorney Christopher Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

  • Karen Lovelace

    I have guardianship of my brother-n-law, since 2007, due to an accident. I am not familiar with child support. Signed him up for disability that he started receiving in Oct of 2007. He has 2 children. I went to court for him in June of 2007 & it was ordered for his child support to be taken out of his disability check. At this point in time he is still paying child support on children who are 25 & 24 years old. I have attempted twice to get this stopped but the prosecutors office refused to make an appointment with me. Got a Legal Aid lawyer & suddenly the state sends letter to social security to stop the child support effective Jan 1, 2013. My calculations show that the child support division owes him close to $7,000.00 that he over paid. But they say its only somewhere around $700.00. And it is considered a “gift” of monies paid to the custodial parent if any over payment was made. Now the child support division is the one who took the money out of his checks, he did not pay any extra out of his pocket. Can you please explain this to me? And what does a person do in this instance? Surely this happens all the time. It’s not fair to the non-custodial parent.

    • cab

      Well, Karen, this one sounds like a mess. Often times, the law is harsh upon the non-custodial parent. The way the law works typically, is that an obligation to pay support continues until the order is terminated or modified. Judges can (and often do) order the modification or termination retroactive back to the date a petition to modify or terminate is filed, but beyond that, only in rare circumstances will a judge extend it before the date of the petition. It is the duty of the non-custodial parent to modify or terminate his/her child support obligation. Until that is formally requested, the child support obligation continues. This can lead to a strange result, such as in your case, but I suppose the courts assume that the non-custodial parent has an interest in stopping the child support, and so, s/he is the best person to place that burden upon. Again, not exactly a fair result here, but it makes sense in a fair number of cases. If you need legal representation to resolve this, please call one of our attorneys who can assist you for a FREE CONSULTATION. (219) 531-7787.

      Attorney Christopher Buckley, Partner
      Gordon Etzler & Associates, LLP

      ***This is not intended to provide legal advice, or to establish an attorney-client relationship. Please contact one of our attorneys who can assist you in obtaining legal representation.***

  • Laura

    Why are parents that are divorced obligated to pay for post-secondary education and parents that are married are not? I know most people cannot afford to pay for this but if they are divorced and make more money than the other parent they have to?

    • cab

      Laura,

      Unfortunately, this is true, and some attorney colleagues and I were having this discussion just the other day. It doesn’t quite make sense that children of divorced families have a benefit that children with nuclear families do not. No one, no matter what the circumstances are, can force a parent to help pay for post-secondary education, while on the other hand, children with divorced parents can, and it often obligates the parent who makes the most money. I can’t say that I agree with it, but it is the law. If you need legal representation in a post-secondary education family law matter, contact one of our attorneys for a FREE CONSULTATION. (219) 531-7787.

  • Jamie

    My husbands son turned 19 and his order to pat support was stopped. A few months later he recieves notice that he needs to appear for a post secondary support hearing. The issue is his son has nothing to do with him. He won’t return calls or e-mails or letter. my husband continues to send his some $100 dollers a week to help with college expenses, but it is not acknowledged. Furthermore he was not allowed to be part of the school selection process, finacial aod process, housing selection process, or tuition process. We have no idea how much any of the fees are and neither the son nor mother will tell us. What rights do we have? Do get me wrong, my husband insists on helping with college expenses, but to what end are we obligated if the is zero communication?

  • Ann

    My husband has an order to pay his 21 daughter’s college tuition (she has been emancipated), room and board and books. We have paid as required while she has been away living on campus and in an off-campus apartment in the town of her college. For the past two semesters, his daughter decided to move back home and live with the mother and for her student teaching assignment.

    The mother is now demanding reimbursements for room and board expenses for the past two semesters at the rate of what it would be to live on campus. Is this allowed? She has provided no receipts for room and board.

    • cab

      Ann,

      Again, without looking at your decree (or subsequent order for postsecondary expenses) it is difficult to tell whether this would be possible. If you are looking for representation, I would be happy to take a look. Please let me know.

      Hope that helps,

      -Attorney Christopher A. Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • Heidi

    My ex is 20,000+ in arrears and just received an inheritance of $30,000. Support enforcement has been trying to locate and make him pay for over a year. Ex filed custody modification in 7/2011 and then didn’t follow through with Guardian Ad Litem so case was dismissed. Ex filed motion to emancipate1 child 10/10/11, hearing was set and was to include rule to show cause for non pmt of support. Then ex filed support modification 10/21/11. Ex ignored notices mailed to him from court for the 1st hearing and failed to appear so his action was dismissed. Then the ex faxed handwritten note to court requesting to participate in next hearing by phone since he lives 800 miles away. State objected to telephone participation and dismissed that case when ex failed to appear.
    Ex retained attorney and on 11/29/12 filed petition to emancipate 1 child and modify support order, claiming he earns less than half of what he used to . I met with ex’s attorney for a settlement conference and he wanted me to agree to emancipate child as of 4/2/11, when that child turned 21 and said support order would be modified retroactive to 4/2/11. I argued that support be retroactive to date of filing – 11/29/12 as per Indiana code. He told me I was wrong. Since ex originally filed in 2011, the judge would consider that date even though court dismissed it. Is this possible? Also, this attorney said that child would be emancipated automatically on 21st birthday and that support would automatically be abated for him retroactive to that date. Support enforcement office tells me that support was terminated for older child on 7/1/12 when new law went into affect (not when child originally turned 21 in 2011)but that the support order still has to be modified. I thought Indiana code was pretty specific in that it takes judicial action to modify and modification is only retroactive to date of filing? So did the previous Indiana law have the provision where support was automatically terminated when child turned 21 like it does now when child turns 19? What support enforcement office is telling me is that it didn’t. I was pretty sure that under the old law that you had to petition the court for emancipation unlike how it’s automatic now.
    In any event, by the time attorney put figures together including retroactive support and emancipation, it took the arrearage down from 20,000+ to $5000. Needless to say I told him I wasn’t agreeing to anything that he wanted and I would stand a better chance on my own in court, especially with the ex’s history in court.
    I know I’m in over my head but I don’t have funds to hire an attorney

    • http://www.etzlerlaw.com akc

      Dear Heidi,

      Thanks for contacting us! You have quite the set of facts here. First, child support does not terminate “automatically.” One of the parties to the case must petition the court to emancipate the child once the child is 19 years old. In the past, and now, child support is not “automatically” terminated in Indiana. I would, of course, recommend you hire an attorney. If you cannot afford one, you can always try to contact Valparaiso University Law School Legal Clinic or another Legal Aid or Pro Bono Attorney for assistance. Check out this website here: http://www.in.gov/judiciary/probono/2343.htm

      Best of luck to you!

      -Attorney Anna K. Christodoulakis, Senior Associate
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • http://www.youcansavethismarriage.com Nellie Watkins

    We paid child support for my husband’s children for many years. This is always a sticky situation. Although his ex-wife had divorced him because he didn’t earn enough money to keep her in the style she wanted, she saw no reason why he couldn’t afford to give her and the kids a lot of money after they were divorced. I mean, she knew that he didn’t earn a whole lot of money. Back in those days, child support wasn’t as expensive as it is today, but even then it substantially ate away at our earnings for 14 years. There needed to be a cut off age whenever the child quit school, because hers all did, and she never notified my husband that he no longer had to pay. Looking back, I’d never marry a man again who had children, but at the time we somehow managed to get through it.

    • http://www.etzlerlaw.com akc

      Dear Nellie,

      Thanks for your post, we like to hear from the public regarding these issues. Unfortunately, in Indiana, child support does not terminate automatically. The non-custodial parent has to petition the court to emancipate the child and terminate child support. A lot of times this is a fairly open and closed process, however, sometimes it’s not. We hope the Indiana legislature takes heed of the problem soon!

      Thanks,

      -Attorney Anna K. Christodoulakis, Senior Associate
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • Jennifer

    My husband has a child who is 18 years old. We pay child support on him every week to the mother and the child has lived with us for 3 years. She never reported it to the child support office and from what i understand continued to receive welfare also and never reported that. We also have a hospital bill that the child incurred in access of 20,000 right before the child turned 18 that we are struggling to pay off with no help from the
    mother. Please tell us what to do.

    • http://www.etzlerlaw.com akc

      Dear Jennifer,

      In Indiana, the age of emancipation is 19 years of age. Your husband should not be paying child support to a mother that while legally has custody of the child, the child does not reside with her. I would recommend seeking a modification of custody. Please call our office to set up a free consultation, (219)531-7787.

      Thanks,

      -Attorney Anna K. Christodoulakis, Senior Associate
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • shawn

    Hi I have a 17year old that is graduating as a Junior and will be attending college in the fall. His father pays minimal child support every two weeks (132.00),which I have never taken back to court with having several wage increases. He has been good about paying for half his insurance so I considered things fair. Now that the issue of college has came up he refuses to help with college. My son will be receiving a very good scholarship his freshman year of college with little to no financial aide. I need to know what his father is responsible for as far as expenses (gas, insurance and college). How much would you charge to file it in the court or do I need to. Thank you.

    been good about p

    • http://www.etzlerlaw.com akc

      Dear Shawn,

      As the custodial parent, you can file a Petition for Post-Secondary Educational Expenses. The court takes a lot of factors into account when deciding how much each parent and the child contribute to the child’s education. I will contact you off the website.

      Thanks,

      -Attorney Anna K. Christodoulakis, Senior Associate
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • james

    hello,
    my original court decree has in it that i have to pay support until the kids are 24. i did not have a lawyer back then and had no idea that the age should have only been 21. can i just file the paperwork with the court without a lawyer to have my 19yr old stopped from support with this new law? i cannot afford an expensive lawyer- do you offer any sort of military discount to your wages? i prefer an actual lawyer (no offense at all to the pro bono or university legal support- but my case would be on the back burned without a doubt and my one child has been 19 and moved out of his mothers house for awhile now, and all my army reserve wages are going to my support garnishment, and that is my only source of income right now, as i am trying to finish college myself since returning from deployment. thank you very much!

  • Katherine

    My three children have lived with me full time. My two oldest, twins, are graduating this May and plan on attending school where there father lives. They plan on living with him while attending school, full time. I also have a 16 year old sophomore that still lives at home with me full time. The boys father is saying he feels he shouldn’t have to pay anymore child support for any of them since the 2 boys (who will turn 19 in October) will be living with him while attending college. My questions is, since child support now can cease at 19, what claim does he have with this type of reasoning? And if he wants to cease all child support (saying I’ll have one living at home with me and he’ll have two, therefore he considers it a wash), does post secondary expenses usually exceed what child support expenses are for children under 19? I’m not sure how to approach this?

    Thanks!

  • Dawn

    My daughter turns 19, July 6, 2013, She is currently a senior in high school and will be attending college in the fall of 2013. Her dad is currently paying support, will he still need to pay support while she’s in college? Or could he be ordered to pay part of her college tuition?

    • cab

      Dawn,

      You should definitely consider hiring an Indiana family law attorney. The new law leaves some ambiguity, and even some family lawyers are confused about what the new language might mean. Either way, you probably need to file a petition for postsecondary expenses before you risk losing the right to do so. Please contact one of our family law attorneys immediately for a FREE CONSULTATION. (219) 531-7787.

      -Attorney Christopher A. Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • Lisa Scott

    I am currently paying child support for my son. He is turning 19 in February and is attending college now. Does the child support payments stop when he turns 19 or when he finishes college? Thanks in advance for your response to my question. Have a great day!

    Lisa Scott

    • cab

      Lisa,

      This is tricky, but the simple answer to the question is yes, child support terminates (upon petition by either party) when the child turns 19, at the earliest. The problem here is that if/when you petition for termination/emancipation, the father may petition to allocate postsecondary expenses, which in some cases exceeds the amount you are currently paying in child support. This involves a number of factors, and you should probably consult a family law attorney. In order to make a determination, the family law attorney would have to ask you a number of confidential questions. Please call our office for a

        FREE CONSULTATION

      . (219) 531-7787.

      I hope that helps.

      Sincerely,

      -Attorney Christopher A. Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • Kathy

    I was wondering if my ex did not stop the support for our son in July and now our son will soon be 21 and my ex is just now stopping support he wants me to pay back everything from July 1,2012 till now Do i have to pay it back?

    Thank you
    Kathy

    • cab

      Kathy,

      Assuming there is no outstanding child support arrearage, you would normally have to pay back any excess that the father paid. However, it doesn’t appear here that the father actually formally petitioned the court to have the child support terminated. Rather, it appears that he just stopped paying on his own? Just like the old law, the new law requires the parties to petition the court to formally alleviate the obligated party of paying child support. The earliest that such a repayment could retroactively date back to is the date a petition for termination / emancipation was filed. Certainly, I would highly recommend hiring a family law attorney if the father intends to pursue reimbursement for child support paid back to that date.

      I hope that helps.

      -Attorney Christopher A. Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • Jennifer

    How long can it take from the date of the emancipation filing to get the wage withholding order stopped? We filed over a year ago on my husbands oldest child when she turned 21 and graduated from college, however, my husband is still paying full child support on 2 children (ages 21 and 18). What happens if we continue paying full child support until his youngest child turns 19 in August of 2013 (now with the new law, my husband should be completely finished paying child support) and we still can not get the judge to stop the wage withholding order. How can we get support stopped and how will we get reimbursed for any overpayment due to lenghtly court times?

    • cab

      Jennifer,

      This seems like an unusually long time, but it is difficult for me to make a determination based on what you provided. The process is fairly quick and straightforward after an order of emancipation is entered. Has there been a hearing?

      -Attorney Christopher A. Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***Comments or posts are not intended to provide legal advice, nor to establish an attorney-client relationship. Please contact our office to discuss obtaining legal representation.***

  • randy

    hi i am 66 years of age. My daughter is 22 and is graduating in may. She is going to complete a very difficult college with honors. I understand in Indiana you have to pay child support until she is 25yrs. My only income is social security. If I file a patition to stop or reduce my obligation what happens when all hell brakes lose from her mother when she takes me back to court? Money is no object with her but pitchig pennies at my age is extremely difficult.

  • mark sauer

    I pay a huge amount of child support and my children have not seen me since 2009. They refuse to have a relationship and their mother allows this to happen.

    My oldest daughter will turn 19 on Sept. 16, 2013. Have you seen cases where the child continues to receive child support past age 19, under the new law?

    My daughter is looking at colleges in New York. She lives in Indiana. The average costs for the universities are around 50k a year. How have courts determined the amount of costs non custodian parents have to pay? Can the courts say that this is way too much for a child and should consider something closer to home? How often do you see where courts force the non custodian parents to continue to pay for college after the age of 21? My daughter would have 3 semesters left, after she turns the age of 21.

  • Michelle

    I have a daughter who will turn 19 in April of 2013. She is a hgh school senior who will be attending college in the fall. Under the new child support guidelines, can her father petition the court to terminate child support even though she is still in high school. Also, in our decree post secondary education was already spelled out, will be decree still hold up as to his responsiblities?

  • Tracey

    Hello,
    My daughter will be 19 in about a year from now. At what time should I file a petition to the court to have child support terminated?

  • http://etzlerlaw.com/new-indiana-law-allows-termination-of-child-support-when-child-turns-19/#comment-7089 george

    I pay a huge amount of child support and my children have not seen me since 2009. They refuse to have a relationship and their mother allows this to happen.

    My oldest daughter will turn 19 on Sept. 16, 2013. Have you seen cases where the child continues to receive child support past age 19, under the new law?

    My daughter is looking at colleges in New York. She lives in Indiana. The average costs for the universities are around 50k a year. How have courts determined the amount of costs non custodian parents have to pay? Can the courts say that this is way too much for a child and should consider something closer to home? How often do you see where courts force the non custodian parents to continue to pay for college after the age of 21? My daughter would have 3 semesters left, after she turns the age of 21.

  • Susan Keen

    I have a daughter with Downs Syndrome. But, there was nothing mentioned in our divorce about what age child support should stop. Are the laws any differant on termination of child support when shes turns 19?

  • marcus

    1. Do you see the courts ever siding with the custodial parent about extending child support past age of 19? I am noncustodial parent and know you have to petition the court.
    2. My daughter has not seen me outside of counseling since 2011 and only emails a couple times a year; never doing anything for me on my birthday, father’s day or xmas. She has informed me, without asking for my input, that she is going to attend a very expensive east coast school. I know there are cases about repudiation. What is the worse case scenario for a noncustodial parent in this situation? Do you see the courts ever siding with the custodial parent about extending college support past age of 21 or forcing 4 years of college, where child would be 22 and 1/2 years old? mahalo

  • lynn

    Does the new law mean all child support ends at 19? My daughter’s husband is paying child support for a daughter 23 from a previous marriage and also a son 21 who is in college. Nothing in the divorce decree about college education so can he stop paying support even if he is in college? Know he needs to go to court to do this.

  • Dusty

    My husband pays support for his 2 kids ages 21 and 19. He would like to stop paying due to their ages, however we live in a different state. How would he file the withholding order from a different state?

    • BobFromMich

      I live in Michigan and have an Indiana divorce. What I did last year is phoned the Lake County prosecutor’s office and asked what I needed to do. They directed me to the website to get the paperwork to reduce child support without agreement on all issues (I still have a 17 yr old besides those over 19). Our first hearing was by phone. The final one I showed in person, but my ex did not after she agreed to. I got the default judgment based on my paperwork. Just be prepared with all your documentation. You might want to get an Indiana lawyer if you need assistance. My Michigan lawyer gave me references to an Indiana lawyer if I felt I needed one. The magistrate reviewed my calculations and found they were close enough. You might want to plan a road trip for the final hearing. In your case, you may want to file a terminate without agreement. It might be simpler than a reduction. Good luck!

      • Phillip Reed

        what’s the name of the site that you were directed too

  • Mindy

    My husband pays child support for his daughter that turned 19 in January. She started college back in the fall of 2012. She is still living with her mother but her college is paid for by her place of employment. Is he still obligated to pay child support for food and shelter to her mother?

    • Daniel Moline

      At some point she needs to be responsible for herself and you yourself. She obviously is doing quite well as her place of employment has tuition reimbursement so college is free. You might want to consider a loan and leave the man be so he and his daughter can enjoy a relationship that is not tied to you. I speak from experience, having anything to do with the ex wife, especially child support adversely affects the bond between father and daughter.

  • Desprate

    I owe child support arreages only to a parent who died about four month ago. There is no estate made and my question is what does the law say about that ? does my debt get dropped due to no where to pay to beings the custiodial parent no longer exists or can a judge just hand it over to anyone whom he pleases when there is no estate ?

  • Veteran

    My son turns 19 in Sept 2015. How long before then, should I petition the court for termination of support? Also, I am a disabled vet, and my son will be receiving college benefits through the V.A. for my disability. Shouldn’t this benefit count towards any secondary school obligation for which I would be responsible? Thanks

    • mkelly914

      We are going through the same situation. What did you find out??

  • Bridget

    When I contacted the Indiana child support office I asked what happens with the child support when my child turned 19. I was advised the child support case would automatically be closed. Per your article it states a petition needs to be filed to by non custodial parent before support stops. Which is correct? Can the child support order be closed by the child support office without a petition to close?

    • guest

      Just like the old law, the new law requires the parties to petition the court to formally alleviate the obligated party of paying child support.

  • http://www.facebook.com/lisa.caldwell.3114 Lisa Caldwell

    My daughter will be 19, September 18, 2013. She is currently living with her boyfriend. She has not lived with her mom since before christmas. I have filed the paper work to have her emancipated from child support. The child support devision have released my license. I don’t know if that means no more back support. Can you please help me figure this out.

  • Lynn

    My husband has been paying support for his daugher who is currently 18 and just graduated from high school. She has no plans to attend college and will turn 19 in September. Does he have to continue to pay support until she turns 19 since she has already graduated and is not attending college? Thanks for any response!

  • Guest

    What if they are not in a public school and you know they are not being home schooled but,yet they will lie under oath

  • TB

    My husband filed a petition to terminate child support and it was signed on June 5th by the judge. His daughter turned 19 on April 29th. His ex-wife filed a petition for post-secondary education expenses on June 15th. Hasn’t she already lost the right to do so? Shouldn’t she have done this before the child turned 19?

  • Holly

    My daughter turned 19 on June 22, 2013. My ex just argued with me over the phone that the prosecutor told him all arrearages he owes will go directly to my daughter. How is that so when he wasn’t helping pay for her expenses growing up?

  • Don

    My exwife is over $18,000 behind in child support and the courts won’t enforce her paying. Now with this new law about 19 yrs old she is now wanting to emancipate my 2 oldest children.And shes wanting a credit to backdate this to when this law came into effect. She also lost her parental rights a few years back so she doesn’t have visitation with any of my 3 children.Can she backdate this and get a credit for that time?

  • george

    Hello, I am currently paying child support in Indiana and my daughter will 19yrs old in August how long will it take once I file before my court oder will stop taking support

  • hunter3131

    Long story short, Daughter turned 18 in sept 2012. Withdrew from school Jan 2013 and did not return, therefore been out of school for 4 months. Filed for emancipation in june, court date being set…my question is will I be reimbursed for the support paid if judge backdates to the day he received the file for emancipation? If not, how would I go about retrieving the overpayment?

  • julie

    So I have read a lot about repudiation of a father from a child as I am about to deal with. Lets say yes there is a refusal on the part of my daughter to have a relationship with her father but it hasn’t always been that way and she has tried numerous times but it has failed. Does it matter why it failed? Like his alcoholism, his two suicide attempts and his conviction of domestic violence? Can he just say now that his daughter wants nothing to do with him so he doesn’t have to help pay for college?

  • Jeannette

    My youngest daughter was 5 when I got my divorced, my x-husband ran from child support into other states. When they got him to start paying the back support my youngest daughter was age 21. Now there is a new law stating after the youngest child turns 18 – 10 years after when child is 28 they don’t have to pay child support, it is wiped clean. This is not right. Is there any way to go around this ? He still owes 25,000.00 and has only paid 14,000.00 on 2 children in all these years. And now he wants it all dropped. Is there a law that can back a woman up on collecting this ? I have to go back to court in sept. on this.

  • Scott

    Son is 20 I received a release of obligation of child support last year from the state. His mother allowed him to drop out of school at 16 and he moved out on his own the same year. Today I get a garnishment order for back support. How should I go about a modification of obligation amount? Am I obligated to pay those years he was on his own and not enrolled in school? This is in Indiana

  • Laura

    My husband is paying support for two children. One is 16 and the other 18. The 18 year old just started college. As the non custodial parent with little contact with the mother, we found out a week before college started that she didn’t finish the forms and said she wasn’t going to pay a dime to help him. Now we are stuck with the entire bill of what he has left to pay due in a couple weeks. We will pay this because his education is the priority, but is there anyway we can make her help at least a 1/3 (split between us and their son?) He could never afford it by himself and was under the impression as we were that he was covered for school fully with loans. Now we have a big bill for us in order to allow him his education he worked so hard for (presidential awards at Ball state for his gpa and sports). we are paying support to her and he lives on campus and she’s not giving him a dime of the support we are paying her. he has a little savings and used that for books and we are getting the bill any day now. I haven’t seen anything about custodial parents being forced to help with fees. This is in Indiana. thanks.

  • paul

    my son turned 18 July 3,2013. He is a senior in high school. He is in a ice program at school where he gets out early everyday to go to work. and he also works 12 hours a day on sat. and sun.He does not come over anymore because of work. so he works close to 40 hours a week. makes around 10 bucks an hour. My wonderful ex is taking me back to try to get more support. will the courts take his employment into consideration. and how long in advance of his 19th birthday should i seek an attorney. and would the courts take into condensation that she is not utilizing her college education to make more money. Because i probably make over 2 times her wages. this means i have to pay more because of the wage difference. She knows this.

  • Barb

    I am the non custodial parent, my 18 year old daughter started IU this fall. we do not have a written order for college expenses in our custody agreement. We have verbally agreed to dividing by 1/3s. if no one files a petition when she turns 19 in the spring will i still be responsible or can i break the verbal agreement.

    • Guest

      She has until the age of 21 to petition the courts to have you responsible for a portion of post-secondary education expenses. Verbal agreements may not hold up in court, especially if you have an agreement filed that states otherwise. You should make an appointment and seek advice of an attorney.

  • Jaelyn

    Hi, I am turning 18 next summer and I am planning to move out. My mom does collect child support from my sad but she says I can’t move out because I have to be 19 to be able to leave home. I told her that the 19 age is for this child support law but she doesn’t believe me. Am I right or am I wrong that once I am 18 I am an adult and even though I am in highschool for another year I am able to leave her house without her permission and that this child support law couldn’t stop me?

    • Sholonda AlwaysGreatful Parker

      YES YOU CAN LEAVE. YOU ARE LEGALLY GROWN @18. SORRY TO SAY, BUT YOUR MOM WANTS YOU TO STAY SO SHE CAN CONTINUE TO GET YOUR CHECK… IF YOU MOVE OUT NOTHING WILL HAPPEN TO YOU. PROBABLY WHY YOU WANT TO MOVE OUT ANYWAY.

  • AE

    Was wondering when does a noncustodial parent stop paying child support since the child had a baby? Do you continue to pay or is the child considered emancipated due to having their own child? Child is 17 will be 18 in April 2014.

    • http://www.etzlerlaw.com Anna Christodoulakis

      The birth of a child does not emancipate the child for which child support is paid. If that child is married, that does emancipate the child, but you would have to petition the court. –akc

  • Josh

    My ex refuses to work yet has a degree. I am petitioning to modify child support as our oldest will be 19 this month. Do I have to figure “minimum wage” as income or can I use what she should be making if she worked?

  • hmharl

    I am 19 years old and my father owes thousands of dollars in back child support is there anyway I can fight for him to have to pay that.

    • http://www.etzlerlaw.com Anna Christodoulakis

      Absolutely. Contact our office at (219)531-7787 if your child support case is in Lake, Porter, Jasper, Starke, or LaPorte county.

  • Susan

    My husband over-paid $5200.00 in child support but the courts said he could not be reimbursed, is there any legal action we can take?

  • Jenni

    My question is, with the new changes in support being paid until the child turns 19, does this override what might be in my divorce decree from 14 yrs. ago.

    • guest

      It depends on what your agreement states. You should advise an attorney and provide your original agreement for review, discussion and advisement. However there is one thing to consider, prior to the law changing the emancipation age from 21 to 19, many child support agreements placed specific wording concerning age 21 because that was the emancipation age at the time. The courts could take this argument into consideration. So in other words if it was written today, it would be written with the age being 19 instead of 21. Another point to consider regarding support, child support and education support are two separate things now. Child support may end at age 19 but post-secondary education support may continue beyond age 19 which would cover the cost of college including tuition, books, and other college expenses. There is a limited timeframe after age 19 in which to petition the courts for those expenses.

  • boe

    My oldest child became emancipated dec. 2012. I finally got the paperwork done and judge signed it in aug. of 2013. I continued to pay support on child until judge signed it. The law states that it is retroactive but child support office will not give credit. They said it is a gift. If I would not have paid it I would have been in jail for not paying. They said computer system will not give credit. How can this be fair? And what can I do? So much for honesty in America.

  • Phillip Reed

    My daughter just turned 17 she had a baby at 16 and is no longer in school.i pay child support to her mom (Indiana) but my daughter has lived with me here in Missouri since she was 15. i never recieved any paper work from anyone stating that I would have to pay support. It start coming out of my check january 2013

  • 8675309G

    My spouse makes a decent income, however he was ordered to not only pay child support, half of kids extracurricular activites (they are 3 talented teenagers in every event imagined, and for half of his ex wife’s college education. Plus any medical expense over an amt. (all 3 with braces). So one graduating soon, then Next year another, then the other 3 yrs later. We are 50. He brings home not even half of his income and we are struggling while everyone else enjoys life, cruises, ect. His ex now has a degree and married someone who has a great income. So they have 3 Incomes in their family and she keeps track on these spread sheets every dime owed to her, while she keeps kids so involved he barely gets to see them but maybe 6 days a month. Now college? Where will it all come from? Do we have to continue figuring how to put food on the table while they live in luxery? We love those kids, but when do we get to have money to enjoy time with them?

    • Ang

      I am in the same boat. We have nothing because the ex signs them up for everything so they can’t come to visit us on their weekend. It’s frustrating

  • Sholonda AlwaysGreatful Parker

    MY HUSBAND WAS MARRIED BEFORE BUT SEPARATED THREE MONTHS AFTER BEING MARRIED. HIS FIRST WIFE WAS ALREADY PREGNANT WHEN THEY MET & GOT MARRIED. THE CHILD LEGALLY IS NOT HIS. HE NEVER WAS TESTED AND RECENTLY FOUND OUT HE HAS A CHILD SUPPORT ORDER ON HIM FOR OVER $40,000 FOR TWO GIRLS WHO ARE NOW 22 & 21 BY HIS EX-WIFE. HE HAS NEVER SEEN THE SECOND CHILD, HE NEVER WAS TESTED AND HAS NOT SEEN HIS EX SINCE THEY SEPARATED OVER 22YEARS AGO. HOW DO YOU GO ABOUT GETTING THIS ORDER LIFTED, TERMINATED OR STOPPED?

  • Jim

    My ex wife never paid for college expenses for son or daughter. Can I sue her? It has been over 10 years

  • CSJ

    My husband has an 18 yr. old daughter, who now attends college in Chicago. My husband/ex-wife filed their divorce agreement in South Carolina where emancipation is 18 yrs. old. Just recently we filed in Indiana, where the custodian/mother lives to have the child support ended/amended. The judge ruled that his daughter was emancipated BUT ordered us to cover 1/4 of the cost of a PRIVATE college that we had no choice in, which equals $30k over the next four years. My husband has been through unemployment and we filed bankruptcy at one point. Does ability to pay come into play at any point? We just do not have the money. I also read that if a child is ‘emancipated’ (at least under IN terms) then the custodian is not allowed to go after child support. I know IN is a 19 state, but if they are ruled emancipated, how can they still go after the cost of college? We still have 30 days to appeal but I’m not sure what the likelihood is of this ruling getting overturned.

  • Joe

    My son just turned 19 on January 4th 2014. There currently is no agreement to pay for post secondary education nor is he going to any school at this time, Can I terminate child support?

  • Kevin

    Who did I contact if I’m paying child support and the mother uses it for her and her boyfriends own personal use and the child is being neglected left in het apartment alone with no food and stays with her boyfriend whom I might add is in government assisted living, Section 8. The only time my son sees her is when she comes home in the morning and pick him u for school and in the evening when she drops him off. 30 min.total each day. He never see her own weekends or holidays which he spends with me and I take care of him which I had for a year and went through a long drawn out twisted court battle which should have been a slam dunk case for us and I lost due to the judge granting on my son going between houses and my slanting to move back with his mom on the grounds of her lying and all through court, manipulating him saying he’s ruining her llife making him feel guilty. Bottom line is she’s not in it for my sons welfare. She’s in it only for her to keep gettinh child support and not to pay it. I never understood why should I be paying child support for ths t whole year and still is why I’m taking care of the child. I’ve faithfully have paid child support for 14 years never missing a payment. Again the system totally failed in me and I won’t ever have faith in it again as went through a little depression over it when all I wanted was to be there and provide for my child especially at this most important time in his life when he needs me at age 16 being as in auto pilot living alone with her or the apartment she supplies to cover herself while she’s out repeatedly parting of child support. Its not fair. All I ever wanted was the right thing done and justice when all I got was all my funds exhausted and in debt filing bankruptcy while she keeps living the life of my income. Something is wrong here. Someone please help.and let me know if anyone gets this and where to turn. I really would appreciate it. Thanks.

  • Step Mother

    My husband and I have to deal with his former wife who is self employed with rental properties and she is on Welfare. Her bank statements indicated she deposited over 170,000.00. She shows children who live with their father full time as her dependants (fraud). She has a new attorney who she used to work for and he has objected to her providing bank statements. This is proof she is hiding income and she failed to tell him that in her last interogatories that she changed 3 years of bank statements and submitted them. Can she be court ordered to produce bank statements?

  • https://www.facebook.com/groups/OLDHAMSAMERICANSURVIVALINFO/ Ryan

    What if my daughter graduates high school, moves out on own from mother? I am not paying her mother anything especially when she doesn’t spend money on my daughter anyways. It’s just another darn tattoo on her!

  • https://www.facebook.com/groups/OLDHAMSAMERICANSURVIVALINFO/ Ryan

    On top of that while we are on here, lol, I have actually overpaid enough support for several years over since she never paid her half of transportation from Florida for 14yrs. Also, my 50% abatement in decree was garnished from my Federal taxes last year at about $2500! as if it was arrears. bunch of bull. I want it stopped now.

  • Keith

    I have one Daughter that just turned 18. I know that I must pay my child support till she is 19. But, She is a special needs child and I do not find much in regards to this. My Ex-Wife has been collecting SSI for both of are children off on for several years. I know the checks were always made out to my Ex and the children by name. I can not confirm if she ever reported that as house hold income.

  • Jana

    My son has been approved for SII with an intellectual disability. He is 19. Does my ex pay child support and until what age?

  • RAB

    Can someone answer a question for me. Someone told me that when the termination of child support happens the child is emancipated and therefore can no longer be on either parents medical insurance. Is that true? I certainly hope it is not, but at this point I’m trying to find an answer to that question.

  • bobbie

    My Ex pays support almost always on time but refuses to see his daughter. He has seen her 5 times in the last 8 years. Today at court Modification he and his attorney want to claim her ever other year on tax returns?
    I would be ok with this if he saw her like he should 3 times a week in our order. however he doesn’t.
    so im very confused will he win and get to claim her every other year just because he pays support but never visits with her?