Tag Archives: family law

When Does Child Support Stop in Indiana ?

when does child support stop in indianaWhen does child support stop in Indiana ? I have been paying child support for a long time.  Does child support stop automatically?

Several times per week, I often get the question, “When does child support stop in Indiana ?” Generally, the duty to pay child support in Indiana ends when the child reaches nineteen (19) years of age.  This is assuming the child is capable of supporting him or herself, and that the child has no special needs.  If it can be determined that the child has special needs, the court could conceivably order child support to continue indefinitely. Assuming this is not the case, child support should end at nineteen (19).  However, the question, “When does child support stop in Indiana ?” does not have ‘automatically’ in the answer. The reason that child support does not stop automatically is that the court needs to determine whether the child is capable of supporting him or herself and whether the child has any special needs.  Once the court is able to make this finding (it can be either contested or agreed), child support officially terminates. If there is an income withholding order in effect, sometimes it can take additional time (1 to 4 weeks) to get this terminated, and for the employer to stop withholding child support from the noncustodial parent’s payroll.  The noncustodial parent should be entitled to reimbursement for any over payment.  (See below to determine reimbursement.)

When Does Child Support Stop in Indiana ? Once the Court Determines that Child Support Has Ended, What Happens Then?

Right after the question, “When does child support stop in Indiana ?” I usually get, “Okay, so what happens next?” Once the court has made a finding that the child support has terminated, it must determine whether the child support termination is retroactive. This decision is guided by previous Indiana Court of Appeals decisions. First, the court must determine whether there is one (1) child or more than (1) child.  If there is more than one (1) child involved, is there support for the other child(ren)?

If there is only one (1) child involved, the termination should be retroactive back to the date of the child’s nineteenth (19th) birthday, even if the petition was filed after the child’s nineteenth (19th) birthday.  However, on the other hand, if there is support for more than just the emancipated child, the court will view the petition as a petition for modification of child support, and not a petition to terminate child support. This has the effect of being retroactive back to the effective date that the petition was filed.  So, in other words, if only the oldest of several children is emancipated, the child support will terminate effective upon the date you file with the court to have the child support terminated.  If you have only one (1) child (or if the child happens to be the last/youngest to emancipate), then the termination will be effective as of the child’s nineteenth (19th) birthday. Any support paid after either of these dates (depending on which applies) will be due and owing back to the payor, i.e. noncustodial parent.  This can be paid informally or reduced to judgment, and can be paid in lump sum or in payments. (This depends on the financial condition of the custodial parent.)

When Does the Child Support Stop in Indiana ? Does the Child’s Enrollment in College Affect This?

After the question “When does child support end in Indiana ?”, and after the question, “What happens next?” the next question is usually, “Does it matter if the child is enrolled in college?”  In short, no.  The child’s enrollment in post-secondary education (“college”) does not affect the test for whether to terminate child support. However, the court can order the reimbursement of post-secondary education expenses as part of a support order. If the child was receiving support before July 1, 2012, the noncustodial parent has until age twenty one (21) to file a petition for post-secondary expenses.  If the child was not receiving support prior to July 1, 2012, the noncustodial parent has until nineteen (19) to file a petition for post-secondary expenses.  In other words, if the child was not receiving child support prior to July 1, 2012, and the petition for emancipation is filed after the child turns nineteen (19), the parties cannot file a petition for post-secondary expenses.  If the child was receiving child support prior to July 1, 2012, the petition for emancipation will likely trigger the custodial parent to file the petition for post-secondary expenses.  The general formula in Indiana that most judges follow in Indiana is that the child pays the first third (1/3) of all eligible expenses, and the parents divide the other two thirds (2/3).  Usually, the latter division is based upon income.  For instance, if the parents’ incomes are equal, then each parent will pay one third (1/3) of the overall expenses.

When Does Child Support Stop in Indiana ? Should I Hire an Attorney?

Yes.  As you can see, the question, “When does child support stop in Indiana ?” is not a simple question, and these issues can be quite complicated.  There are many factors to consider before you decide to file a petition for emancipation of a child, and there are certain necessary elements of each petition.  SFT Lawyers has experienced child support attorneys who can assist you in filing and possibly arguing these petitions before local courts.  Call today for a FREE CONSULTATION. (219) 841-5683.

Get That Divorce You’ve Always Wanted, Cheaper Than You Think

“Someday one of your friends is going to get divorced. Don’t go, ‘Oh, I’m sorry!’. That’s a stupid thing to say. No good marriage has ever ended in divorce. If your friend got divorced, it means things were bad. And now, they’re better.”

-Louis C.K., Comedian

Indiana divorce

It’s tax season 2016, and the last thing that you are thinking about is paying for a divorce.  Instead, you probably have ideas of grandeur about what you can use that tax refund for.  You might think of paying off debt, or buying something of luxury like a car or a boat. But after you have exhausted every other possibility, you might be looking at the inevitable.  You finally get to a point when there is no other option but dissolving your marriage, otherwise known as divorce.  Divorce is always traumatic.  Divorce is hard on all parties; but it doesn’t have to be more difficult than it needs to be.

Of course, there are always divorces worth fighting for. If you have millions of dollars or even hundreds of thousands of dollars at stake in your marriage, this article doesn’t apply to you.  In those cases, experienced divorce lawyers (such as those at SFT) will spend countless hours trying to maximize your share of marital assets in the final division, and this can become quite costly.  But in a simple divorce, why should you have to spend thousands or even tens of thousands of dollars on attorneys when ‘the fight’ might not even be worth fighting?

At SFTLawyers, we have a common sense approach to “uncontested” divorces. Uncontested divorces are separations where the parties generally agree to how the marital estate will be split, and/or how custody and parenting time with children will work.  When you already agree, the lawyer’s function (even though the lawyer technically has to represent only one party to the divorce) is largely one of a scrivener, that is, the lawyer simply draws up documents that effectuate the agreement of the parties.

When the lawyer acts primarily as the scrivener, the lawyer’s time is typically billed as a flat fee.  A flat fee is a lump sum fee which is the only fee that the lawyer takes as compensation to work on the case. The lawyer cannot earn in excess of the flat fee, and you are comforted in knowing what the lawyer’s fee is up front.  The lawyer does not bill you for the lawyer’s time.  You simply pay one lump sum for all services rendered in the case.  This is beneficial for the client, especially in uncontested divorce cases.  When the lawyer receives a flat fee, the lawyer’s incentive is to finish the case as quickly as possible to move on to the next case.  This gets people the divorce they want and need from their former spouse, and get on with his/her life, without risking the common pitfalls that often accompany attempting to do your own divorce yourself.

SFT Lawyers has a common sense, reasonable price structure tailored to meet the needs of a no-asset or low-asset divorce.  We can send you on your way, legally single again, without hurting the bottom line–your wallet.  Call SFTLawyers for a FREE CONSULTATION for a low-asset or a no-asset divorce TODAY! (219) 841-5683.