Senator Steele’s SB 18 concerning one’s duty to support a child is in conference committee.
The bill reduces the obligation from when the child is 21 to when the child is 19. It provides a mechanism for a child to petition for support for educational needs until the child is 19 (or 21 if the support order went into effect prior to this legislation.) To me the drafting is unclear – I’m not sure if the intent is to exclude education from the duty of support or to say that the end of the duty to support does not end the duty to provide for educational needs.
I fully understand the language of this bill. Support will stop at age 19, unless the “Adult Child” is going to attend a college.
Doesn’t that sound funny “Adult Child?”
If they are not going to attend a college, then they need to go out and seek employment and start supporting themselves, like “most” adults do. :)
Here is what the new law would say, “The duty to support a child under this article, which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age.”
I don’t know if they’re saying that the duty to support a child doesn’t include educational needs or saying something else.
Doug, The clause in the middle is a nonrestrictve adjective clause and merely adds new information to the statutory sentence. (Ok, so I was a freaking English Major and an Economics minor. Don’t hold it against me. Sheldon on Big bang Theory and I are probably the only two people alive that can spout this crap from memory.)
So if I look at it that way, support does not include education needs. Education needs are defined differently than support in that statute. I think that the fact that it is called “educational needs” and not educational support further carves out that term from support.
This is the way that I understand it… Child support is one court order from the time it’s filed in court, until the child graduates from high school. Then, an Education Order is issued which is usually 1/3 for the non-custodial parent, 1/3 for the custodial parent and 1/3 for the “adult childs portion. If and when the “Adult Child” shows an interest in pursing further education. The only amount of time that can pass, between high school and college is 4 months.
Many “Adult Children” whom choose not to go onto college, are out living on their own, all the while the non-custodial parent is still paying out money in support to the custodial parent…Indiana makes it very hard for the child to get emancipated, as well as many non-custodial parents then stop the support payments at 18, because that is considered the age of majority in the State of Indiana….
It is way…..to confusing :) I was from an intact family, so my parents didn’t have to go through this mess (thank gooodness). I was responsible for myself at 18….I think it’s crazy for parents to be responsible for their “adult child” past 18…unless the parents want to help them. :)
For heavens sake….at 18 they can vote….if they aren’t mature enough to have some type of job, how are the mature enough to vote and do all the other stuff an “adult child” does?… Just my two cents worth :)
Thanks for the explanations. I stay out of family law as much as I can manage. Still, I might suggest that the legislature reword the statute for clarity if practitioners might find this ambiguous (and maybe the ones who practice in this area wouldn’t find it confusing.)
My daughter is 18 but still attends high school. Me and her father had joint custody but our daughter decided to live with me full-time when she was 15. I didn’t go after her father for child support but he refuses to help in any way with getting her ready for college. He hasn’t contributed one dime towards raising her the moment she decided she wanted to live in my home full-time. I had no problem supporting her solely the last 3 years but her senior year has become very expensive and I don’t want anything to interfere with her chances to go to college. Can I file for child support when she is 18 but still in high school?
To Alissa: Promptly schedule an office consultation appointment with an attorney.
It sounds like you may be like many pro se persons who assume that the Court/legal system will protect them when they try to represent themselves.
My Son will turn 21 in Dec 2012 and is a full time college student and I am currently paying 600.00 a month support to his Mom. He goes to a community college and lives with his Mom and is part of the Young Hoosier Scholar Program so his college tuition is free. There was nothing in our Divorce Decree concerning college education expenses but as I stated his tuition is free……. Can I file now to terminate support to his Mom based on the new Indiana Law?
What if the child turns 19 of his senior year of high school?