The Indiana Legislature has passed and the Governor has signed into law a new statute that became effective July 1, 2012 which affects child support orders for children of divorce and paternity that effectively says that the child is emancipated for non-educational support when the child of the parties turns 19 years of age. There are limited exceptions to this law and you should have your court order reviewed on a case by case basis.
If you have a child or are a child for whom you are paying or receiving child support, you need to seek advice of counsel immediately and preferably before the child becomes 19 years of age. If you have what is called an in gross support order (one which covers many children including one under 19), you should not just reduce the amount of the support. Failure to take steps could prevent you from receiving assistance in your child’s post secondary education (college, trade school etc.). If you are the person who might be ordered to pay such expenses, you should consult an attorney before discussing this with the other parent.
In essence, if you have a child of a divorce or paternity who is or becomes 19 years of age or older this year for which you pay or receive support, you should schedule an appointment and have your court order reviewed.
As with all other information contained on this website, you should not consider this legal advice and you should seek advice from a lawyer. Appointments may be arranged to discuss the matter with our lawyers but no advice will be given by email.