New State Law To Affect Age Of Emancipation In Child Support

Nicholas Bourff

On July 1, a new state law takes effect involving the age of emancipation for purposes of child support. Starke County Prosecutor Nicholas Bourff said custodial parents and non-custodial parents need to be aware that the emancipation age will change from 21 to 19.

“Custodial parents will no longer have the right to receive child support once their youngest child turns 19, unless the court has found the children to be disabled,” said Bourff. “Payment on past-due child support is not affected by this change. If there are court ordered payments for educational support, that’s something separate from child support and there would have to be an additional hearing in the future to discuss what will happen regarding that.”

Bourff explained that there are also some changes for non-custodial parents.

“For non-custodial parents, this means that they will no longer be obligated to pay current child support once their youngest child turns 19, unless the court has found the children to be disabled. This change does not impact current child support arrears. If you’re behind on child support, this has no affect on that. Again, the payment for educational support is still due,” Bourff explained.

If you have child support ordered through the child support office in the Prosecutor’s Office, this change will take place for you automatically. If not, Bourff has this suggestion.

“If child support has been ordered previously without the support of a child support office, either consult an attorney if you need assistance with this change. You can go to to Indiana Judicial Center’s website and there a section labeled ‘court forms’. These forms are available and you can fill them out online and print them off and file them yourself without the assistance of an attorney.”

That website is www.in.gov/judiciary/selfservice.