Emancipation

Emancipation Attorney Serving Greenwood, Indiana

EMANCIPATION OCCURS AT AGE 19 IN INDIANA

In Indiana, the emancipation age for a child is 19.  Regular child support terminates by law upon the child’s 19th birthday. If timely requested, educational support for a child’s post-secondary educational expenses can be ordered to continue beyond the 19th birthday. If a child turns 19 before there is an order for educational support or a petition for educational support filed with the Court, then all child support will terminate upon the child’s 19th birthday.

Although emancipation occurs as a matter of law, income withholding does not terminate automatically.  If a party is subject to an income withholding order, then his or her employer will continue to deduct child support and send it to the Indiana Central Collection Unit until the withholding order is terminated. This will require a motion to the Court. If there are multiple children included in the support order, then a motion to modify child support (rather than a motion to terminate withholding) will be needed.  This motion should be promptly filed since most support modifications will be retroactive back to the date the petition was filed.

THE END OF CHILD SUPPORT PAYMENTS

If the party has a support arrearage when the child turns 19, the Court might not terminate the income withholding, but might instead reduce the weekly amount.

You should contact an attorney if you have a child who will turn 19 in the next few months. It is best to identify options – and the proper timing — a few months prior to a child’s 19th birthday.

If you have questions about emancipation law in the state of Indiana, you can contact our office or schedule a consultation.