ILNews

IBA: New Law Changes Child Support Age: Are You Prepared?

Back to TopCommentsE-mailPrintBookmark and Share

By Eric N. Engebretson, Whitham Hebenstreit & Zubek LLP

engebretson-eric.jpg Engebretson

Effective July 1, 2012, the law regarding a parent’s duty to support a child changed dramatically. Absent certain circumstances, previously a parent was obligated to pay child support until a child was 21 years of age. However, pursuant to the amended versions of I.C. §31-14-11-18 and §31-16-6-6, child support now generally terminates as of a child’s 19th birthday.

At the outset, it is worth noting that a footnote to a recent opinion of the Indiana Court of Appeals raises the possibility that the amended law might be subject to challenge on constitutional grounds, at least as it applies to certain parties. Specifically, in Sexton v. Sexton, 2012 WL 2054859, the Court suggests that the law may be unconstitutional under Article 1, Section 24 of the Indiana Constitution which prohibits ex post facto laws or laws impairing the obligations of existing contracts. However, assuming that the law is upheld, this change represents a relatively significant departure from prior law.

Any party currently receiving support will now need to anticipate that any support he or she is receiving will terminate and/or decrease as of a child’s 19th birthday. Whether or not child support terminates or simply needs to be modified will likely depend upon whether there are any other minor children born of the relationship. Similarly, those parties currently paying support need to be aware that they can seek to have the child support obligation terminated as of a child’s 19th birthday as opposed to waiting until a child is 21. This is particularly important in situations where there is an “in gross” order representing a child support obligation paid on behalf of multiple children. In such a situation the child support payor needs to be aware that he or she can seek a modification of the existing child support obligation earlier than was allowed under prior law so that an appropriate adjustment can be determined in light of the eldest child’s 19th birthday.

This change in the law also affects the time within which both the courts and the parties can address an appropriate division of post-secondary educational expenses. As a general rule, any request for a contribution toward educational expenses must be made prior to a child being emancipated. As a result, in the event a party has a child that will soon be at least 19 years of age and there is not an educational order already in place, it is important that the party desiring such a contribution get a petition seeking such assistance on file prior to the child’s birthday. Failure to do so could result in the petition being dismissed as untimely filed, since once a child is emancipated the court cannot entertain any such request for assistance. As a brief aside, even in the event of an untimely filed petition, the Sexton decision does suggest that trial courts will need to examine disputes on a case-by-case basis to determine whether or not support orders for college-age students implicitly include an educational component even though the support order does not specifically refer to the support as educational.

The one exception to this rule regarding seeking a contribution toward post-secondary educational expenses concerns paternity cases. Pursuant to the amended version of I.C. § 31-14-11-18(b), a child who is receiving child support under an order issued before July 1, 2012, has until they are 21 years of age to file a petition requesting assistance with their educational needs. It is important to note that this “savings clause” does not apply in dissolution cases as the legislature only included it in the amendment to the paternity statute.

Assuming that an order regarding post-secondary educational expenses is in place or can be inferred, clients need to be advised that the actual monetary obligation related to a 19-year-old child may not dramatically change notwithstanding that the obligation to pay child support will now terminate earlier. The reason is that in addition to tuition, room and board, lab fees and supplies, the term “educational expense” has been defined in various cases to include things such as transportation expenses, car insurance, clothing, entertainment, cell phones, entertainment, food, athletic passes, and other incidentals. The term has even been found to include room and board to be paid by one parent to another when a student resides at home while pursuing an education. While these expenses have always been at issue, presumably the fact that child support was previously paid until a child turned 21 at least helped mitigate and/or diffuse certain disputes over them.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

ADVERTISEMENT