There is some concern about the impact of Indiana’s new child support law. The law lowers the age of emancipation for child support purposes. Emancipation refers to the age when parents can stop paying child support. In addition, young people can file to emancipate themselves. In 2012, the age was lowered from 21 to 19. The change affects two critical areas.
Now, a non-custodial parent can file for a modification based on the law. A modification will allow a change in support payments, so they stop when the child is 19. It must be noted that many other states use 18 as the age of emancipation for child support. The sticking point for many people is that non-custodial parents will not have to contribute to college expenses. Likewise, in many other states, parents are not required to pay college expenses. However, some Indiana parents may still have to pay support for a child when he or she is home from college. Parents should meet with Feavel Law to discuss emancipation in Washington, Indiana.
In many ways, the law has put the burden on the teen to get college help from their parents. A child can petition for college expenses until age 21 if their child support order was filed before July 1, 2012. If the order was filed after June 30, 2012, the child has until age 19. In many instances, the child would have to file in the high school. The law does not give children an absolute right to have their parents pay for college. A judge can consider the child’s likelihood of success in college. Further, they will consider whether the youth is working. The law names college expenses like tuition, books, lab fees, supplies, student activity fees and room and board.
Emancipation in Washington, Indiana makes many children’s’ college futures uncertain. Parents who are contemplating divorce need to work this issue out in advance of college age. Consult with your lawyer and see what can be done. Higher courts are upholding the new law in deciding child support issues. Youths in Indiana must take advantage of other sources for college expenses including federal financial aid.
