Citations Affected: IC 31-14-11-18; IC 31-16-6-6.
Synopsis: Duty to support a child. Provides that the duty to support a
child, which does not include support for educational needs, ceases
when the child becomes 19 years of age. (Current law provides that the
duty to support a child ceases when the child becomes 21 years of age.)
(The introduced version of this bill was prepared by the child custody
and support advisory committee.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
ceases when the child becomes
twenty-one (21) nineteen (19) years of
age unless any of the following conditions occurs:
(1) The child is emancipated before becoming
nineteen (19) years of age. In this case the child support, except
for the educational needs outlined in section 2(a)(1) of this
chapter, terminates at the time of emancipation, although an order
for educational needs may continue in effect until further order of
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and
(C) is or is capable of supporting himself or herself through employment.
In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:
(1) is on active duty in the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court;
the court shall find the child emancipated and terminate the child support.