Hello, just a little background. I am the non-custodial parent of a child who is currently going to college and will be 19 years old in April of this year. I haven't worked since June of 2014 due to a physical disability and have zero income. My original child support order was issued in 2003 but was modified August 2014 to the state minimum due to my disability. I currently have an arrearage of approximately $3500 which I could pay off if need be. There is nothing in the current child support order stating that I am to be responsible for post-educational expenses.
It is to my understanding that since my current support order was issued after July 1, 2012 when the new child support law went into effect, I would fall under the new Indiana law even though the original order was established in 2003 (see Neal v. Austin 49A02-1404-DR-225).
My question is: Do I fall under the new Indiana law, where the mother or the child must petition the court for post-educational expenses by the time the child turns 19? If so, when should I file documents to terminate support due to emancipation? On the child's birthday? The day after? Or, if my ex petitions before the child turns 19, can or will the court set a minimum even though I am unable to work? Please advise.
Thank you
Answer
1. Yes, support will terminate at 19 automatically. Unless you have a withholding order, you have nothing to petition for; support will stop.
2. Yes, the custodial parent can petition anytime before the 19th birthday to establish educational expense allocation between the three of you.
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