Bill Text: IN SB0018 | 2012 | Regular Session | Engrossed
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-Engrossed.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.)
Permits a child who is receiving child support under an order issued
before July 1, 2012, to file a petition for educational needs until the
child becomes 21 years of age, and specifies that a child who is
receiving child support after this date may petition until the child
becomes 19 years of age. (The introduced version of this bill was
prepared by the child custody and support advisory committee.)
Effective: July 1, 2012.
(HOUSE SPONSORS _ KIRCHHOFER, MCMILLIN, STEUERWALD)
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 10, 2012, reported favorably _ Do Pass.
January 23, 2012, read second time, amended, ordered engrossed.
January 24, 2012, engrossed. Read third time, passed. Yeas 49, nays 1.
January 31, 2012, read first time and referred to Committee on Family, Children and Human Affairs.
February 23, 2012, amended, reported _ 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.
(b) A child who is receiving child support under an order issued before July 1, 2012, may file a petition for educational needs until the child becomes twenty-one (21) years of age.
(c) A child who is receiving child support under an order issued
after June 30, 2012, may file a petition for educational needs until
the child becomes nineteen (19) years of age.
(1) The child is emancipated before becoming
(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.
