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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Is there an age in the state of Indiana that a child is ...

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Is there an age in the state of Indiana that a child is automaticaly emancipated? If so, what is that age? Also, if a child is emancipated, what exactly does this mean? I have a daughter that is going to be 21 on May 7, 2008 and her father has requested the court to emancipate her, he currently does not pay child support for her and has''nt since her granduation from college November 2, 2007. I am wondering if there is a underlying reason for this request that I am unaware of.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank youCustomerfor your question.

I will answer your questions in the order they have been asked:

1) Is there an age in the state of Indiana that a child is automatically emancipated? If so, what is that age? Also, if a child is emancipated, what exactly does this mean?

-In terms of child support, each law provides a cut off date where a parent is no longer financially responsible for their children. This cut off date is called emancipation. In Indiana child support ends when the child becomes 21. When the child turns 21, the father is given the opportunity to petition the court to stop child support.

You can read the law on when child support ends below.

2) I have a daughter that is going to be 21 on May 7, 2008 and her father has requested the court to emancipate her, he currently does not pay child support for her and has''nt since her granduation from college November 2, 2007. I am wondering if there is a underlying reason for this request that I am unaware of.

-As stated when a child is 21 the law no longer requires the non-custodial parent to continue paying child support. Typically to make sure that support ends at 21, the law allows the father to petition the court at least several months in advance. The fact that she will be 21 and no longer in college is sufficient grounds to stop his obligations for child support. Child support is not an obligation that he is required to pay forever.

-However, as stated child support does not end automatically without filing for termination. So if he has failed to pay as obligated by the current child support order, it is possible that he can be found in arrears, because he cannot decide on his own to stop support without a court order approving termination. This issue will have to be addressed at the hearing.


IC 31-16-6-6
Termination or modification of child support; emancipation of child
Sec. 6. (a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21) 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 the court.
(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) has joined 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.




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Expert:  Attorney & Mediator replied 9 years ago.
Let me know if you need further help here, thanks.