Second Regular Session 117th General Assembly (2012)
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SENATE ENROLLED ACT No. 18
AN ACT to amend the Indiana Code concerning family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-14-11-18; (12)SE0018.1.1. -->
SECTION 1. IC 31-14-11-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. (a) The duty to
support a child under this article (or IC 31-6-6.1 before its repeal),
which does not include support for educational needs, ceases when
the child becomes twenty-one (21) nineteen (19) years of age unless
either of the following conditions occurs:
(1) The child is emancipated before the child becomes twenty-one
(21) nineteen (19) years of age. If this occurs, the child support,
except for educational needs, terminates at the time of
emancipation. However, an order for educational needs may
continue in effect until further order of the court.
(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.
SOURCE: IC 31-16-6-6; (12)SE0018.1.2. -->
SECTION 2. IC 31-16-6-6, AS AMENDED BY P.L.80-2010,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) The duty to support a child under this
chapter, which does not include support for educational needs,
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.
SEA 18 _ Concur
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