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GinAA

Member
What is the name of your state (only U.S. law)? IN



Husband's son just graduated on the 11th of June. He has no intentions of continuing his education at this time. He plans on moving from CA to IN in July and working full time.

When can my husband let the courts know his son is emanicpated for the purpose of re-calculating the child support? Does he need a statement from his son to do this?

His son wants this done as soon as possible because he wants to be on his own and take care of himself.

He has ran the calculator and knows what the amount will be (or there abouts).

Thanks.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? IN



Husband's son just graduated on the 11th of June. He has no intentions of continuing his education at this time. He plans on moving from CA to IN in July and working full time.

When can my husband let the courts know his son is emanicpated for the purpose of re-calculating the child support? Does he need a statement from his son to do this?

His son wants this done as soon as possible because he wants to be on his own and take care of himself.

He has ran the calculator and knows what the amount will be (or there abouts).

Thanks.

The mere fact that his son graduated may not be enough. What does the court order say with regard to support & emancipation? How old is his son?
 

CSO286

Senior Member
Acording to IN statute

Indiana Code 31-16-6

Child support terminates at "21, unless child has been determined to be legally incapacitated or an order for educational support was established before age 21. "
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? IN



Husband's son just graduated on the 11th of June. He has no intentions of continuing his education at this time. He plans on moving from CA to IN in July and working full time.

When can my husband let the courts know his son is emanicpated for the purpose of re-calculating the child support? Does he need a statement from his son to do this?

His son wants this done as soon as possible because he wants to be on his own and take care of himself.

He has ran the calculator and knows what the amount will be (or there abouts).

Thanks.



**A: you failed to tell us an important piece of info like the age of the son.
 

GinAA

Member
**A: you failed to tell us an important piece of info like the age of the son.

The Child is 18 as of October 2010.

There is nothing in the support order about continuting eduction or termination of child support (or an adjustment there of).

He will move to IN in July and seek full time employment and medical coverage. He will probably live with us for a while but then will move out to be on his own. That's the plan anyway. He himself has asked to no longer be considered for child support. I know that's not his decision.

I guess what I was asking is does he have to wait till his son has moved to IN and established residency or would a statement from his son be enough?

Will have hubby consult with lawyer about how to proceed.

Thanks.
 

stealth2

Under the Radar Member
Acording to IN statute

Indiana Code 31-16-6

Child support terminates at "21, unless child has been determined to be legally incapacitated or an order for educational support was established before age 21. "

Which may or may not be applicable, since the child is currently living in CA. GinAA hasn't told us in which state the order originated. Yes, it matters.
 

GinAA

Member
Which may or may not be applicable, since the child is currently living in CA. GinAA hasn't told us in which state the order originated. Yes, it matters.

The divorce case was moved from IN to AZ and then to CA. The support case has always been in IN and has never moved.
 

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