Indiana Child Support Now Ends Two Years Earlier
Indiana's new law lowers child support obligations when a child turns 19.
September 19, 2012
On July 1, 2012, Indiana became more in step with the rest of the country when the state ended its practice of requiring child support payments until a child reaches age 21. Under the new law, a child support obligation ends when a child turns 19, with some exceptions.Indiana Lowers Child Support Termination Age
According to an Indiana county official, Indiana was one of only three states, plus the District of Columbia, that still required child support to continue to age 21. In the rest of the country, a child support order usually ends when a child reaches age 18 or 19 or graduates from high school. According to the Herald Bulletin, Indiana legislators decided on age 19 as a limit rather than 18, because they wanted child support to cover students through high school, and some Indiana youth do not finish high school until they are 19.
A legislator commented that the debate over the age to terminate child support had gone on for 20 years or more, while the limit remained the same. One concern was fairness to parents no matter what their marital status. Parents who are married to one another are not required by law to support a child until age 21, while divorced parents did have that obligation.
Attorneys practicing family law in Indiana were divided on the question as it made its way through the legislature, and the Indiana State Bar Association did not take any official position.
The new law signals a major change in how the state defines what a child has the right to expect from a parent. Although some laws have not changed, some situations are unclear.
For example, the law does not change the required time for child support payments when the child in question has a disability. However, another possible exception to the age limit is for "educational needs," though the law does not explicitly define what constitutes educational needs. Some divorce agreements already in force include provisions for college costs for the children, and some family lawyers question whether the new law can change what a court has already determined.
Families who are concerned or have questions about the changes to Indiana's child support laws would be wise to consult with an experienced family law attorney. At whatever stage, before, during or after divorce proceedings, it is important to understand the effects of the law on families with children.
Article provided by The Law Office of Julie R. Glade, RN, JD
Visit us at http://www.julieglade.com/