Do you have a child support obligation or are you receiving child support?  Are you wondering when child support ends?  The common belief is that child support ends when the child turns age 18, however each state has differing laws regarding the termination of child support.

Child support orders are legal obligations to provide financial support for a child and are governed by the Indiana Child Support Rules and Guidelines.  When a child turns age 19, that child is emancipated by operation of law and the non-custodial parent’s obligation to pay child support terminates.  A court order must be issued to extend child support beyond 19 years of age.

Child support is different than spousal support in how it is awarded and its duration.  A waiver of child support modifications is not enforceable even if given in exchange for a lump sum of child support.  In Indiana beginning in 2012 the age of emancipation changed from age 21 to age 19.  The law changed two aspects of child support: payment of child support to the custodial parent and contribution to post-secondary education expenses for children.

Child Support to Custodial Parent

A parent who pays child support to the custodial parent may seek to terminate support for a child once the child reaches the age of 19.  For the parent that is paying child support their obligation can end after the child reaches age 19 if the child is still in college and/or dependent on their parents for financial support.

Prior to the change in law, child support was a distinguishable obligation from post-secondary expenses.  Therefore while child support may be eligible for modification by a non-custodial parent, the non-custodial parent could still be ordered to contribute to college expenses.  Now the legislature has modified the child support obligation of a non-custodial parent’s duty to financially support their children above the age of majority.  A non-custodial parent may also be obligated to provide educational needs but the time frame is more limited for a child to petition the court for the his or her own educational needs.

Under the law currently a child may be emancipated prior to age 19 if the child is at least 18 years old, the child has not attended post-secondary school for the prior 4 months and is not currently enrolled and the child is supporting himself/herself financially through employment or is capable of doing so.  If a child is partially supporting himself or herself the court may modify instead of terminate the child support.

If you are paying child support and need assistance terminating such support, or if you are receiving support and the non-custodial spouse is seeking to terminate support, you should consult an experienced family law attorney to help with your case.  Attorney Christopher L. Arrington is a dedicated and experienced family law attorney in Danville and surrounding counties.  Attorney Arrington works with his clients to obtain their objectives by obtaining an acceptable resolution between parents. Or, in the event an agreeable resolution cannot be obtained, he advocates aggressively in court to obtain the solution his client’s want.  Call Attorney Christopher L. Arrington today.