Legal Question in Family Law in Indiana

Re: proof of child support payments

The problem with paying directly when your decree directs that payments be made through the Clerk's office presents a difficulty only when the custodial parent (and or the state) objects to the manner of payment. The custodial parent must petition the court to enforce support in order for there to be an arrearage. When the first, middle or last child is emancipated by agreement, part of the agreement can state that there are no support arrears. As to why you need a petition to emancipate a child, regardless of the language of your decree, Indiana law says that a parent must support a child until the child's 21st birthday unless the child is emancipated prior to that time. Even though a child turns into an adult upon his 18th birthday, Indiana law requires child support payments to extend for another 3 years. Automatic emancipation events are: entry into the military service and marriage of the child. Any other event requires the court to determine if the situation is such that support should terminate. The parents, however, are free to agree to emancipating events prior to age 21 by submitting to the court an agreement stating the child is emancipated as of a certain date and that the support due through that date has been paid current. If there is a younger child still at home (or even an older one) and the support order was so much for all the children, then you would want to modify support to reduce the amount due for just the remaining child.