Termination or modification of child support; emancipation of
child
Sec. 6. (a) The duty to support a child under this chapter ceases
when the child becomes twenty-one (21) years of age unless any of
the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21)
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 or postsecondary school for
the prior four (4) months and is not enrolled in a secondary
or postsecondary school; 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) has joined 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.
As added by P.L.1-1997, SEC.8.
Last modified: May 24, 2006