Legal Question in Family Law in Indiana

Emancipation

My daughter is 20 and finishing college in April. She is

planning on marriage in June and moving to Florida thereafter. Can I file to have her taken off child support

upon graduation from college? Or will she automatically

be deemed emancipated, or will I even need to file for her

emancipation?

Thanks

--name removed--


Asked on 1/21/04, 3:47 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Emancipation

If there are other children under 21, you should file a petition to modify support as this one is emancipated by her marriage in June. Children in Indiana are automatically emanicpated by reaching age 21. However, if you are subject to an income withholding order to pay support, you need to petition the court to discontinue the order once the child is 21 or marries or enters the military service. You need to give the other parent notice so he or she can tell the court if there are arrears that remain to be paid. If there are younger children and you have a lump sum order, the amount does not change as a child leaves home, it only changes when the court enters an order of modification.

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Answered on 1/21/04, 11:06 am


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