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emancipation of minor Indiana

Started by samualadams, Apr 18, 2007, 02:38:01 PM

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samualadams

Son, 20 years old, only carrying 11 credits in college, moved out of his mother's home in March.  Living with girlfriend in own apartment.
Is he now considered emancipated and how do I go about it if he is.

samualadams

I am new at using this type of board to find an answer to the above.

My son is 20 years old, in college, but only carrying 11 credits.  In the two years he has been college, he has flunked quite a few classes, and I think is currently in danger of having failing grades again.

I pay $140 per week in child support.  In March, he left his mother's home to live with is girlfriend.  He signed a lease for this apartment.
He is counting on my child support to pay his rent.

Is he considered emancipated due to living on his own?

How do I do this?  Do I have to get a lawyer, or can I file the papers.

This is Indiana and I understand that emancipation of a child is 21.

Can anyone help?

Thanks,

leon clugston

child isn't living under the roof of the CP? then under what is called legal reasoning she herself is no longer substaining him, nor a residence for him.
However there is in some states, a set amount of time that must go by- you might want to check into that- and of course then there is the question of, if you divorced was there some stipulations in youre decree on how long you were to pay and where there any mentioned actions if he was to prematurely move out.
Otherwise all you would need to do is file a simple motion in the court to end support.

samualadams

The divorce papers do not stipulate a time - does not mention college.
Indiana only states that the age of emancipation is 21.

What confuses me is that the Verified Petition has 5 reasons for terminating child support.
The one that confuses me is "The child is at least eighteen years of age:  the child has not attended secondary or post-secondiary school for the past four months and is not enrolled in a secondary or post-secondary school;  and the child is or is capable of supporting himself through employment.

Does the above stated reason void the one that states that the "child is not under the care of control of eith parentor an individual or agency approved the court"

The child has stated that he pays the rent by means of teh $560 he received from me each month.


mistoffolees

>The divorce papers do not stipulate a time - does not mention
>college.
>Indiana only states that the age of emancipation is 21.
>
>What confuses me is that the Verified Petition has 5 reasons
>for terminating child support.
>The one that confuses me is "The child is at least eighteen
>years of age:  the child has not attended secondary or
>post-secondiary school for the past four months and is not
>enrolled in a secondary or post-secondary school;  and the
>child is or is capable of supporting himself through
>employment.
>
>Does the above stated reason void the one that states that the
>"child is not under the care of control of eith parentor an
>individual or agency approved the court"
>
>The child has stated that he pays the rent by means of teh
>$560 he received from me each month.
>
>

It's all going to fall under the details of the law in your area and a lot of specifics about how your agreement is worded. You should see an attorney who is familiar with your state's laws.