If I have finished my obligation, how do I terminate CS order?

[HandyRandyIndy]

What is the name of your state?Indiana

I have 3 daughters from my first marriage, 22, 21 and 18. I have never had my support modified. I left things alone until all 3 were no longer eligible under the state rules and our C/S agreement. I believe I am finished with my obligation to pay support because:

• The 22 yr old is A: 22 and B: Married
• The 21 yr old has been out of school 3 yrs and is now living with me
• The 18 yr old has graduated High School and just got married

I called a local lawyer to set up an appointment, and when I explained my situation on the phone, he said I should just stop paying. I couldn't believe it! Doesn't the court need some kind of proof of them being married (both married girls got married out of state)? Or that they have chosen not to continue their education?

Shouldn't there be some kind of form to file? Just not paying seems to be a formula for trouble to me.

HandyRandyIndy

 

[Happy Trails]

What is the name of your state?Indiana

I have 3 daughters from my first marriage, 22, 21 and 18. I have never had my support modified. I left things alone until all 3 were no longer eligible under the state rules and our C/S agreement. I believe I am finished with my obligation to pay support because:

• The 22 yr old is A: 22 and B: Married
• The 21 yr old has been out of school 3 yrs and is now living with me
• The 18 yr old has graduated High School and just got married

I called a local lawyer to set up an appointment, and when I explained my situation on the phone, he said I should just stop paying. I couldn't believe it! Doesn't the court need some kind of proof of them being married (both married girls got married out of state)? Or that they have chosen not to continue their education?

Shouldn't there be some kind of form to file? Just not paying seems to be a formula for trouble to me.

HandyRandyIndy

IC 31-16-6-6
Termination or modification of child support; emancipation of child
Sec. 6. (a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary or postsecondary school for the prior four (4) months and is not enrolled in a secondary or postsecondary school; and
(C) is or is capable of supporting himself or herself through employment.
In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:
(1) has joined 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.

I'm no expert when it comes to child support issues. But it looks to me like you have to prove to the court that your children are emancipated.

Please stand by for those who know for sure.

 

[Smarty Panties]

Happy Trails is correct. You can't just stop paying when there is a court order stating otherwise. It could come back to bite you. You have to file to terminate support.



link for a downloadable form to fill out and file yourself to terminate support http://www.in.gov/judiciary/selfservice/forms/eman_term.html

 

[dallas702]

You have been paying support for these adults...in particular the 22 and 21 yr. old....for all the time since they were 18? And your ex just let you do that because you were being so generous?

The statute reads that "any" of those conditions can apply to terminate support. Once they turned 18, and were not under an order for educational support, your obligation was ended. I agree with the lawyer you called. You don't need to do anything but stop sending checks to your ex. In fact, I'd ask for a "refund" of any $$ that were sent for any of the girls who weren't living under her roof since they were 18. Just to make the point. I hope your ex appreciated the gravy train.

Looking at the petition forms provided by the state, it is so simple...and you do not need an attorney...you should just go ahead and file pro se. Kudos to IN for making the process so easy.