SB 18 COULD CHANGE HOW LONG A NONCUSTODIAL PARENT PAYS CHILD SUPPORT
Presently, pending in the Indiana Senate, SB18 if passed could affect the duration of a noncustodial parent's child support obligation. SB18 provides that the duty to support a child, which does not include educational needs support, ceases when a child becomes 19 years of age, or until age 21 if the child is enrolled in and has not yet graduated from secondary school. Current law provides that the duty to support a child ceases when a child becomes 21 years of age. Thus SB18 would reduce the age to which a noncustodial parent must pay child support.
SB18 would also allow a child who is receiving child support under an order to file a petition for educational needs until the child is 21 years of age under an order issued before July 1, 2012 and 19 years of age under an order issued before June 30, 2012.
If this bill is passed into law, it will reduce the age to which a noncustodial parent has a duty to pay child support. It would also grant the child the ability to file a petition for an educational needs order which the present law does not allow. Finally, it is important to note, that SB 18 if passed would not change the requirement to emancipate a child.
Our family law department will continue to monitor this proposed bill and its progress through the Indiana Legislature. If you have questions on this issue or any other Family Law and Adoption issues, please contact the author, Katie Worman.