§ 31-16-6-6 — Termination of child support obligation; exceptions; petition for educational needs

Indiana § 31-16-6-6

• Jurisdiction: Indiana
• Art. 16: FAMILY LAW: SUPPORT OF CHILDREN AND
• Ch. 6: Child Support Orders

Text

(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
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.
(4) The child is a full-time student in a secondary school (as
defined in IC 20-18-2-18(a)) and a parent or guardian of the child
files notice under subsection (c) advising the court that the child
continues or will continue to be enrolled in secondary school. In
this case, the child support:
(1) continues until; and
(2) terminates upon;
the child's graduation from secondary school.
(b) For purposes of determining if a child is emancipated under
subsection (a)(1), if the court finds that the child:
(1) is on active duty in 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.
(c) Notice under subsection (a)(4) must:
(1) be filed with the court and provided to each party to the child
support proceeding:
(A) not earlier than the date on which the child becomes
seventeen (17) years of age; and
(B) not later than the date on which the child becomes nineteen
(19) years of age; and
(2) include:
(A) proof of the child's enrollment; and
(B) the child's expected graduation date.
(d) If:
(1) a parent or guardian files a notice under subsection (a)(4); and
(2) an objection or request for a hearing is not filed by a party to
the child support proceeding not later than thirty (30) days after
the party receives the notice;
the court may, without holding a hearing, issue an order continuing
child support through the date on which the child is expected to
graduate.
(e) If a court has established a duty to support a child in a court
order issued before July 1, 2012, the:
(1) parent or guardian of the child; or
(2) child;
may file a petition for educational needs until the child becomes
twenty-one (21) years of age.
(f) If a court has established a duty to support a child in a court
order issued after June 30, 2012, the:
(1) parent or guardian of the child; or
(2) child;
may file a petition for educational needs until the child becomes
nineteen (19) years of age.
(g) If:
(1) an order was issued after June 30, 2012, that denied support
for educational needs to a child who was less than twenty-one
(21) years of age at the time the petition for educational needs
was filed; and
(2) support for educational needs was denied based on the fact
that the child was older than eighteen (18) years of age;
notwithstanding any other law, a parent or guardian of the child or the
child may file with the court a subsequent petition for educational
needs. The court shall consider the petition on the merits in accordance
with this section and may not consider the absence of subsection (e)
from law at the time of the initial filing.
[Pre-1997 Recodification Citation: 31-1-11.5-12(e),
(f).]

Legislative History

As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.362; P.L.80-2010, SEC.30; P.L.111-2012, SEC.2; P.L.207-2013, SEC.45; P.L.263-2019, SEC.1.