Unusual Circumstance - Continue Support after 18?

[bambi66]

What is the name of your state? IN

Husband is CP with court ordered sole physical custody and mom has not been in boy's life since the age of 3.

Child had serious issues when his father and I married 5 yrs ago. This was to the extent of the boy making multiple death threats to me after about 3 yrs. Husband asked his mother (childs g-mother) if the boy could stay with her due to above issues. Grandmother agreed as long as we paid for everything as if he still lived with us. No problem there, we give her $200 a month and also pay for any additional needs (clothing, school supplies, extra cirricular activities, etc.).

My question is, should we continue to provide the grandmother $200 a month after the boy reaches 18 in July? (He graduates in May). He is planning on attending a technical school after graduation and we will assist with this schooling.

 

[Lil Miss Smarty Panties]

Indiana code

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.

 

[bambi66]

I understand the law says support until 21. This support is voluntary - NO COURT ORDER. The grandmother does NOT have custody or guardianship, the boy just lives with her.

We don't have a problem with providing the boy assistance, we just don't want to give her the $200.

 

[I AM ALWAYS LIABLE]

What is the name of your state? IN

Husband is CP with court ordered sole physical custody and mom has not been in boy's life since the age of 3.

Child had serious issues when his father and I married 5 yrs ago. This was to the extent of the boy making multiple death threats to me after about 3 yrs. Husband asked his mother (childs g-mother) if the boy could stay with her due to above issues. Grandmother agreed as long as we paid for everything as if he still lived with us. No problem there, we give her $200 a month and also pay for any additional needs (clothing, school supplies, extra cirricular activities, etc.).

My question is, should we continue to provide the grandmother $200 a month after the boy reaches 18 in July? (He graduates in May). He is planning on attending a technical school after graduation and we will assist with this schooling.

=========================================

My response:

Since you don't have a court order concerning child support with the Grandmother, there is nothing compelling your husband to pay support.

However, let's be realistic about this. The fact is, the boy is being taken care of by someone else and, Indiana child support extends to the age of 21 or emancipation. Since the boy is neither, your husband does have a "moral" obligation to continue paying the support until one of those two contingencies occur.

Once the kid moves out on his own, or turns 21, whichever occurs first, then Dad can stop his voluntary payments to Grandma.

Editorial Note: I don't agree with the extension of child support up to the age of 21 - - but, that's the law of Indiana. In California, it's age 18, or up to age 19 if still in high school. But, that's it. After age 18, I firmly believe that a child is chronologically an adult and should be able, at the very least, assist in the contribution of their own support; e.g., get a job flipping burgers and help pay for something in the home.

So, in summary, and since there's no court order, you could theoretically stop all payments of support. But, unless you want the kid back on your doorstep, I wouldn't advise it. Once the kid moves away from Grandma's house, support is over.

Good luck.

IAAL

 

[lobbier]

in other words, cs will probably cease at 21 here in IN!! There are many loopholes arounds grounds for termination, believe, judges uses them too! Apparently for the "best interest of the child"

Please read posts: For All Hoosiers, and Attention Ncp's

This issue is being debated in Indiana as we speak!! Support this Bill No. 1226

 

[lobbier]

Oh, I see. I must have been posting same time you were explaining it was voluntary, no court order.