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Indiana Code 31-16-6-6. Termination or modification of child support; emancipation of child

Indiana Code > Title 31 > Article 16 > Chapter 6 > § 31-16-6-6. Termination or modification of child support; emancipation of child

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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.
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.362.

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Comments (4) add comment

Mary F: ...

My question is - after the age of 18, and the child is enrolled in a Tech school - is there is minimum number of credit hours they need to be enrolled in to continue support? Some states require full time student status - I do not see that clarification in the Indiana Code. Can they take just 1 course per semester and keep recieving support until age 21?

March 29, 2012

renee: ...

If my child support order was taking out in new york and I move to Ga, can my child still get support to age 21 like new york. because Ga stated my child support order will be stop in Ga because my child is now 18yr and that when it stops in Ga. However my child court order came from new york . I need help I have court on 8/1/2012.

July 31, 2012

KimberlyHartley: ...

I signed a birth certificate on a child that is not mine because the mother of the child kept harrassing me at work about signing the birth certificate and I was here in the USA on a work visa and feared my job would be lost if the mother of the child continued to come to my work and calling me at work tying to get me to sign the birth certificate. I am from vermont and she has opened a request for child support in NH for a second time and never showed for the case the first time and she then moved to VT and opened the case again and never showed up there as well because she knew I would be requesting a DNA test. The Vermont Courts closed that case where she moved back to NH. Now NH is requesting income information and insurance information on me again. There is a father for this child and the grandmother (mother of the father) has tried to get custody of the child and the mother of the child keeps running. What am I do? What are my rights? She is in NH now and I am told where my name is on the childs birth certificate that I am obligated to pay child support. I have been in contact with a company that will be doing the DNA testing and I will be having this done to prove the child is not mine.

September 16, 2012

Joshua Stewart: ...

I have a child support order in Oregon and moved to south Carolina and revived a letter from SC DSS that they will be offsetting my taxes for past due support but my question is can I be arrested for delinquent child support because in the state of SC I know you can be arrested for unpaid support this is not the case with Oregon though also I am going back to work and will be making payments again on my support. I don't want to loose my carrier by getting locked up that would keep me from fulfilling my obligations to child support

December 06, 2012

Child Support

Indiana Code 31-16-6-6. Termination or modification of child support; emancipation of child

Indiana Code > Title 31 > Article 16 > Chapter 6 > § 31-16-6-6. Termination or modification of child support; emancipation of child

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