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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11360
Experience:  Licensed Texas General Practice Attorney
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We pay child support in FtWayne, IN and IN law says you pay

Resolved Question:

We pay child support in FtWayne, IN and IN law says you pay until child is 21yrs, unless they are emancipated. Our child is now 22yrs old and we believe she fit the emancipation requirements at 18yrs: she had 2 babies, wasnt living with custodial parent, not going to school, etc. We would like to petition the court to show she was emancipated at 18yrs, which would save us $1000's of dollars. We are doing this from MI, so we don't know lawyers in IN area and also dont know what the case law is like in FTWayne for fathers trying to prove daughters emancipation after 21yrs of age. Can anyone help us? We are willing to get a lawyer if we have a good case!
Submitted: 3 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

How much back child support is owed?

Customer :

$13, 700 as of today. We pay $340 month, so we are basically paying right now for the 18-21yr section.

ScottyMacEsq :

Ultimately whether or not you will responsible for the accrued child support depends on what is determined by the court.

ScottyMacEsq :

Here's the law:

ScottyMacEsq :

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) 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.

ScottyMacEsq :

So note that there are a couple of ways that support can end, but as of what date depends on the specific way that it ends.

ScottyMacEsq :

If the child is emancipated, that is the child is either (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, then the support ends on the date of emancipation.

ScottyMacEsq :

Otherwise, if (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... the termination would occur on the court's finding (that is, in the future, when you actually go to court) that these conditions exist.

ScottyMacEsq :

So if emancipated (not under the care or control of either parent since she was 18) then the support ended on the date of emancipation, without any further court involvement needed to end that support. Now if this is the case, you still will need to get a court to agree to this, and sign a declaratory judgment that nothing is owed.

ScottyMacEsq :

If you believe that you can show this in court (that the child was not under the care and control of either parent), you need to contact an attorney in the Ft. Wayne area that deals with child support cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in that area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in that area, and what you should do next.

ScottyMacEsq :

Personally I believe that if you can show that she was not receiving any support from you or the other parent since 18, the court could declare the arrears null and void as improper under the law.

ScottyMacEsq :

But it would all depend on the facts of the matter.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer :

she was supported by us, her mom and our mom in that time period, so that would mean we may not have a good case?

Customer :

very helpful, thank you very much. we never thought about it that way. We were paying for a phone for her, bought her a car or two. Again, very helpful, thank u for your time!

Customer :

we will click accept

ScottyMacEsq :

Probably not. The support could have ended, likely at that time, if you could make the other showing (18 years old, not in school, capable of supporting self), but that would require a court order terminating the support. Emancipation would stop on the date of emancipation, without such an order, but would require a showing of evidence that the child was not supported.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it's the law. I hope that clears things up anyway. Thank you for your time, and again, good luck to you!

Customer :

thank you!!!


















ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11360
Experience: Licensed Texas General Practice Attorney
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