Indiana is one of approximately three states that permit a parent's child support obligation to continue until an emancipation age of 21 rather than 18. Indiana Code presently requires an obligor parent to support their child until age 21, unless findings of emancipation are entered by a court. An "adult" child may be emancipated if they are at least 18 years of age, have not attended a secondary school or post-secondary educational institution for the prior four months, and is not enrolled in a secondary school or post-secondary educational institution with the capability of self support. An "adult" child may further be emancipated if they have joined the military, have married, or are not under the control of either parent or a guardian approved by the Court.
Legislation was recently introduced in the Indiana House of Representatives 2nd session for 2010 to scale back the emancipation age. Under House Bill 1356, Indiana Code 31-14-11-18 and Indiana Code 31-16-6-6 would be modified to reflect a mandatory emancipation age of 19 rather than age 21 as is currently on the books. Provisions concerning emancipation at an earlier age, due to educational termination, military service, and marriage of the child would remain in the proposed revision of the statutes.
The bill, and accompanying fiscal impact statement can be found here.
If passed by the general assembly, the bill would become law, effective July 1, 2010. The bill was first read on January 13, 2010, and referred to the Committee on Family, Children and Human Affairs where it presently remains.
