Bill Text: IN SB0018 | 2012 | Regular Session | Amended
Bill Title: Duty to support a child.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0018 Detail]
Download: Indiana-2012-SB0018-Amended.html
Citations Affected: IC 31-14; IC 31-16.
Synopsis: Duty to support a child. Provides that the duty to support a
child, which does not include support for educational needs, 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.)
(The introduced version of this bill was prepared by the child custody
and support advisory committee.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 10, 2012, reported favorably _ Do Pass.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
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.
ceases when the child becomes twenty-one (21) nineteen (19) years of
age unless any of the following conditions 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) is on active duty in 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.
