Governor Holcomb recently signed into law Indiana House Bill 1520. This bill allows for some slight changes to the current child support and emancipation laws on the books in the state of Indiana. The bill was signed on May 5, and it allows for an extension of child support for children who are 19 years of age that are still in secondary school.
What is Included in the New Law
As of today, the current law is still in effect and it dictates that children who turn 19 years old are considered independent. Therefore, they can no longer be a means for a parent to receive child support on their behalf, even if the 19-year-old is still in secondary school.
This all changes on July 1, 2019. If the parent who is currently receiving child support has a child who is poised to turn 19 years old and still be in secondary school at the same time, then that parent can file for an extension of support. As long as the court is notified that the child in question is:
- A full-time student in a secondary school and provides supporting proof of enrollment;
- Provides notice of the child’s enrollment within the appropriate time frame, which would be between the child’s 17th and 19th birthdays;
- Provide the projected date of graduation; and
- Contacts the other parent who is paying the child support to notify them that an extension has been requested
The parent may be granted permission to continue to receive child support.
How can an Extension be Protested?
For the parent who is paying the mandated child support, they have options. If they choose to oppose this extension request, they must be proactive and take steps of their own to attempt to block it. Time is important and so the paying parent who wants to fight this extension must file an objection or make a request for a hearing within 30 days of receiving the extension notice from the other parent
Should the payor of the child neglect to place their formal objection within that limited 30-day timeframe, they risk an ex parte order by the court. What does this mean? An ex parte benefits only one party and it allows for an order to be put forth without a hearing where the opposing party is in attendance. In this case, what that breaks down to is that the payer of the child support will be mandated to continue to pay until the date of graduation.
Finding an Experienced Family Law Attorney
If you are in a situation in which you could potentially be held responsible for further child support payments once your child enters their 19th year of age, time is of the essence for you to object to this extension. If you miss the small, 30-day window of time to respond, you may lose all ability to put a stop to those payments. This is why it is important for you to contact Christopher L. Arrington, P.C. today to discuss your situation. Mr. Arrington is a child support lawyer in Hendricks County, Putnam County, and throughout central Indiana.
Should the terms of support needed for your child be modified, you may have many questions. Obtaining the professional guidance of an experienced family law attorney in Indiana is key. Call the Danville Law Firm today at 317-745-4494, Mr. Arrington is here to speak with you about your situation and provide you with valuable feedback.