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Roger, Attorney
Category: Family Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have legal custody of my 16 & 18 yr old daughter & son, my

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I have legal custody of my 16 & 18 yr old daughter & son, my 18 yr old son(a senior in H.S) is dealing with marijuana and i have busted him twice already and gave him a good yelling at, his mom owes me over at least $16,000 in back support and is also a pot smoker, so now he moved out to live with her. So would i be obligated to pay any child support if he stays with her and goes to school(college)?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for requesting me to help out.
Kirk Adams : As you know, Indiana Code (IC 31-16-6-6) sets the age of emancipation at 19 years of age. At that time, child support is automatically terminated unless the child has been determined to be legally incapacitated or an order for educational support beyond high school is established prior to the child turning 19.
Kirk Adams : If the mother were to apply to the court for custody and support, the court could allow her to take custody and could order you to pay child support, BUT this would not remove the mother's past due support owed to you.
Kirk Adams : The judge would likely require the amounts to be offset, so you likely would not have to pay anything until the mother caught up.

so 18 is not the age anymore where the kid can make there own decisions on when to move out?

Kirk Adams :

Under IC 1-1-4-5, an "Adult" mean a person at least eighteen (18) years of age.

Kirk Adams :

However, IC 31-16-6-6 says:

Termination of child support; emancipation: (a) The duty to support a child under this chapter, which does not include support for educational needs, ceases when the child becomes 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 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.

Kirk Adams :

So for child support, custody and support are governed by the child turning 19 - not 18.

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