Indiana Child Support Termination and Modification Laws
Child support in Indiana cannot usually be waived by the parents, however a judge can decide to waive it and this is on a case by case basis. Sometimes parents can agree on a child support amount, but this child support amount must be approved by the judge. The judge looks at all child support amounts before approving or denying them to make sure the child support amount is in the childs best interest.
Courts may order both parents of just the non-custodial parent to pay child support. The judge considers these factors without reguard to marital misconduct. Usually the factors taken into consideration include, but are not limited to; the financial resources of the custodial parent, the type of living enviroment the child would have had it the marriage had not ended, the physical and mental condition of the child and the child’s education needs, and lastly the financial means and needs the non-custodial parent has.
Termination of child support takes place when the child or children turn 21 years old. There are other factors that can cause early child support termination or modifications such as; the child being emancipated before the age of 21, The child is at least 18, has not attended any type of high school or college for the prior four months and cannot be enlisted in either type of schooling, lastly if he or she is employed and can support his or her self off of their employment benefits.
The court can modify child support if these conditions are met. Usually support is continued if the child can only partially support themselves.
Child support is terminated if an emancipated child; joins the U.S. armed service,was to get married, or if the child is proven to not be under the care of the custodial parent or the non-custodial parent or an agency or specific individual that the court has approved.
Parents seeking a divorce or are in the process of a divorce should always seek legal advice from a lawyer when consulting on matters of child support and divorce. A lawyer can save you time and money when dealing with child support and divorce issues, they can also fight to get you what you deserve.