Bill Text: IN HB1356 | 2010 | Regular Session | Introduced
Bill Title: Duty to support a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Family, Children and Human Affairs [HB1356 Detail]
Download: Indiana-2010-HB1356-Introduced.html
Citations Affected: IC 31-14-11-18; IC 31-16-6-6.
Synopsis: Duty to support a child. Provides that the duty to support a
child ceases when the child becomes 19 years of age. (Current law
provides that the duty to support a child ceases when the child becomes
21 years of age.)
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Family, Children and
Human Affairs.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) The child is emancipated before the child becomes
(2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.
occurs:
(1) The child is emancipated before becoming twenty-one (21)
nineteen (19) 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 school or postsecondary
educational institution for the prior four (4) months and is not
enrolled in a secondary school or postsecondary educational
institution; 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.
