SPARC Forums

I want to be prepared in the event that what I am observing comes to fruition.  State is Indiana.  Daughter is having considerable issues complying with social norms, to the point where her Psychiatrist has diagnosed her as Anti-Social.  She has had a considerable number of run-ins with the law and is reaching the age of majority (18) soon.  Our family court system is based upon emancipation; reaching the age of 21, becoming married, in the armed service, capable or supporting one's self.

Her stints with the Juvenile system have landed her in their "care" on several occassions and if the pattern continues, she will find herself in "big girls" prison shortly after she reaches the age of 18 if she didn't learn from her interactions with the Juvenile system.

1) Should she end up in prison for any period of time exceeding (a number) days, and not in CP's care, what if any petition do I present to the court to address the issue that support is going to CP while the care of our daughter is with the State?

2) Does imprisonment constitute not being in the care/custody/control of the CP?

>1) Should she end up in prison for any period of time
>exceeding (a number) days, and not in CP's care, what if any
>petition do I present to the court to address the issue that
>support is going to CP while the care of our daughter is with
>the State?

Child support is predicated on the receiving parent actually providing support for the child. So, if the state is providing the supportl, then the custodial parent isn't entitled to support. You could simply file to modify your support obligation downward to zero, on grounds that the other parent is not actually providing support for the child.

However, it's possible, and in fact likely, that the criminal court would order your support obligation paid to the new custodian -- the state department of corrections. So, I wouldn't get too excited about the prospect of an early termination.