Parents have a legal duty to financially support their children and one form of this duty is brought to fruition through the obligation to pay child support. If you pay child support, then you are likely familiar with the court proceedings that determine child support and the amount. Fear not, as child support obligations do not last forever and will eventually terminate. This blog discusses how to terminate child support with the assistance of a competent attorney.
One commonly known way child support terminates is when the child becomes nineteen (19) years old. Age is a main factor in determining child support because while the child remains a minor they will need the support of their parents, however, if the child is emancipated then child support terminates. Furthermore, child support terminates at the time of emancipation of the child. Pursuant to I.C. 31-16-6-6 (b), “[f]or 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.” In addition, if there is a change in legal custody such as the non-custodial parent becoming the primary physical custodian then a modification may terminate their support. If the order for child support has an expiration date, then child support terminates on that provided date. Lastly, the death of the child, while this may be an unthinkable situation, the passing of the child will terminate child support. Ultimately, if you are seeking to terminate child support and satisfy one of the requirements previously mentioned then you must file a motion to the court requesting termination of child support.
While this may seem like an arduous process, the assistance of competent legal counsel will ensure that terminating child support goes through the proper channels. It is important that you seek counsel to ensure that you do not face legal action for unpaid support or otherwise. The attorneys at Ciyou & Associates, P.C. have extensive experience navigating child support matters such as terminating child support through the courts throughout Indiana. We are here to assist you in terminating child support. This blog was written by attorneys at Ciyou & Associates, P.C. and this blog is not intended as specific legal advice or a solicitation of services, as this is an advertisement.
