INDIANAPOLIS —
A new state law that drops the cutoff age for child support in Indiana is raising questions about how the courts may interpret it.
On July 1, the age of emancipation in Indiana moves from 21 to 19, automatically terminating child support payments for almost anyone who has turned 19.
Family law experts predict a period of confusion as judges, lawyers and families figure out how to apply the new law to existing child support orders and agreements.
Drew Soshnick, past chair of the Indiana State Bar Association’s family law section, said the new law will likely trigger a wave of calls to attorneys and a rush of requests to judges to modify child support orders and agreements.
One area of possible contention: the law exempts support for the “educational needs” of a child over 19 but doesn’t spell out exactly what falls into that category.
“We expect a lot of discussion about ‘educational needs’ as people try to broaden that definition,” Soshnick said.
Another area ripe for debate: Does the new law cancel out existing child support agreements involving children over 19?
Melissa Avery, current chair of the state bar association’s family law section, said the law is written to apply retroactively. But she expects some debate on that issue from lawyers and their clients who may question whether the Legislature can unravel child support agreements that have been crafted or approved by the courts.
“There is some lack of clarity (in the law),” Avery said.
She also expects some angry reactions, as people see an abrupt end to child support payments they may have been expecting.
“Our challenge at this point is getting the word out, to make sure people are aware it’s happening,” Avery said.
The change in the age of emancipation brings Indiana closer in line with most states, which terminate child support obligations at the age of 18.
Still, it signals a major shift in a philosophical argument over the obligations that a parent has to a child. Avery said the Indiana State Bar Association’s family law section didn’t take a position on the legislation, as it was making its way through the Indiana General Assembly, because family law attorneys in Indiana were so divided on it.
State Sen. Tim Lanane, an attorney and Democrat from Anderson, sits on the Senate Corrections, Criminal and Civil Law Committee where the legislation changing the age originated. He said the argument over the emancipation age has gone on for at least 20 years in the General Assembly, as legislators opted to leave the law as is.
Lanane said that conversation intensified over the last year. One of the issues raised was fairness: While Indiana law required a noncustodial parent in a divorce to pay child support until the age of 21, the law doesn’t require parents who are married to each other to do the same. “Some people felt that it was bad public policy to treat children of an intact family differently than children of divorced parents.”
Lanane said the Indiana Legislature opted for 19 — rather than 18 like most states — because there are some Indiana high school students who don’t graduate until they’re 19. “We wanted those students covered while they were still in school.” The Legislature also included the exemption for education expenses, acknowledging the cost of college.
Lanane said he expects the new law may trigger a rush to courthouses by the lawyers of parents involved in child support agreements. He hopes the best interests of children will come first. “I think most parents will feel an obligation to continue their support, even if they’re not legally obligated to do so.”
Maureen Hayden covers the Statehouse for the CNHI newspapers in Indiana. She can be reached at maureen.hayden@indianamediagroup.com.
State News
New Indiana law cuts off child support at 19
Lanane on legislative committee that originated change
- State News
-
-
State won’t use free lunch program as poverty indicator
Indiana is changing the way it counts low-income students in public schools because Republican legislators suspect fraud in the federal school-lunch program used to measure poverty.
-
Report: State is both ‘leader and laggard’
A newly released report card on where Indiana ranks nationally in key economic measures shows the state is both “a leader and a laggard” in areas that signal potential for more prosperity.
-
Indiana’s high school grad rate continues upward
Indiana’s reported high school graduation rate continues to improve, moving from 77 percent to more than 88 percent in less than a decade, but there are still significant achievement gaps marked by race and income.
-
Schools chief Ritz on fast learning curve
For many occupants of the Indiana Statehouse, the week after the General Assembly wraps up its final frenzy of work is a quiet one. But not for Glenda Ritz.
-
SLIDESHOW: Governor Otis R. Bowen
Photos from the Indiana State Archives of the late Otis R. Bowen, who served as governor of the state as well as in the Ronald Reagan White House. The Bremen native died Saturday
-
Out of office, Lugar shuns retirement
One year ago, Indiana’s longest serving U.S. senator was rejected by Republican primary voters and forced into an unwelcome retirement from a distinguished political career that spanned 46 years. But at 81, former U.S. Sen. Richard Lugar is hardly in a resting mode.
-
Lugar wary of Syria involvement
Former U.S. Sen. Richard Lugar has been out of office since early January, but he’s still being sought after for his opinion about foreign policy matters he once helped shape.
-
Budget deal includes little funding for criminal code reform
Facing the end-of-session deadline, Indiana legislators moved forward on a bill to overhaul the state’s criminal sentencing laws but left undone the issue of where local communities will get the money to implement it.
-
Legislators closing in on final budget
In his first four months as the chief budget maker in the Indiana House, Republican Rep. Tim Brown hasn’t been surprised by the long hours, multiple demands and intense debate that goes with crafting a $30 billion spending plan.
-
New poll shows voters tepid on Pence tax plan
With just days to go before the deadline for a final budget bill, a new independent poll shows Republican Gov. Mike Pence may not have gotten much mileage for his travels around the state pitching his 10 percent tax cut plan.
- More State News Headlines
-
State won’t use free lunch program as poverty indicator
Officials: Tsarnaev Friend Linked to Slaying
Obama:Sexual Assault Threatens Trust in Military
Bridge Collapse Survivor: 'Rough Day'
Jersey Shore Open for Business
Raw: Memorial Day Flags Placed at Arlington
New Wheelchair Lift Promises More Access
First Person: Mom Discusses Famous Tornado Photo
Raw Video: Washington State Bridge Collapse
Boy Scouts Approve Plan to Accept Gay Boys
Officials: Truck Hit Bridge Before Collapse
Sheriff: No Sign Killing of 2 Kids Was Planned
Obama Defends Drone Strikes, With Limits
Raw: Jurors Deadlock on Jodi Arias Penalty
Boy Scouts Decision "First Step" Say Activists
Raw: Utah Teen Arrested in Death of His Brothers
Closer Look at Okla. School Where Children Died
Two Suspects in Murder Known to London Police
"Be Ready": NOAA Warns of Busy Hurricane Season
SeaWorld: Penguins Are Coolest Thing in Florida
