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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10266
Experience:  Experienced in multiple areas of the law.
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My daughter started college and then quit. I paid child support

Resolved Question:

My daughter started college and then quit. I paid child support for 4 months after she quit. Should I get that money back?
Submitted: 3 years ago via ChildSupportLaws.
Category: Family Law
Expert:  RobertJDFL replied 3 years ago.
Good morning, thank you for your question.

So I can better assist you, can you tell me:

1) How old is your daughter?

Once you reply with this information I will work on providing you an answer. Thank you.
Customer: replied 3 years ago.
She turned 19 on September 18 2010.
Expert:  RobertJDFL replied 3 years ago.
Thank you for your quick reply.

It's not likely a court will order that the child support be returned if you did not file a motion to terminate the support. This is because under Indiana Code 31-16-6-6, child support in Indiana doesn't terminate until a child turns 21 unless you can prove that a child is fully capable of independently supporting themselves. Specifically, the statute reads:

IC 31-16-6-6

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:
(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 or postsecondary school for the prior four (4) months and is not enrolled in a secondary or postsecondary school; and
(C) 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.
Thus, if she isn't self-supporting, you're obligated to pay child support anyway, until she turns 21 or becomes self-supporting, whichever comes first. If she has been self-supporting, then you need to file a motion with the court to terminate the support. You can certainly seek return of the 4 months support you paid out within the same motion, but my experience where overpayments have been made has been that a court will treat that money as necessary support anyway and not order it paid back.

I hope this information is helpful. If you have follow-up questions or need additional clarification, please click reply and I will be happy to assist you further.

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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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