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HOUSE BILL No. 1356

Citations Affected: IC 31-14-11-18; IC 31-16-6-6.

Synopsis: Duty to support a child. Provides that the duty to support a child ceases when the child becomes 19 years of age. (Current law provides that the duty to support a child ceases when the child becomes 21 years of age.)

Effective: July 1, 2010.

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Steuerwald

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    January 13, 2010, read first time and referred to Committee on Family, Children and Human Affairs.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

SOURCE: IC 31-14-11-18; (10)IN1356.1.1. -->     SECTION 1. IC 31-14-11-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18. The duty to support a child under this article (or IC 31-6-6.1 before its repeal) ceases when the child becomes twenty-one (21) nineteen (19) years of age unless either of the following conditions occurs:
        (1) The child is emancipated before the child becomes twenty-one (21) nineteen (19) years of age. If this occurs, the child support, except for educational needs, terminates at the time of emancipation. However, an order for educational needs may continue in effect until further order of the court.
        (2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.

SOURCE: IC 31-16-6-6; (10)IN1356.1.2. -->     SECTION 2. IC 31-16-6-6, AS AMENDED BY P.L.2-2007, SECTION 362, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) nineteen (19) years of age unless any of the following conditions

occurs:
        (1) The child is emancipated before becoming twenty-one (21) nineteen (19) 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 school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; 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.