Bill Text: IN HB1481 | 2011 | Regular Session | Introduced
Bill Title: Duty to support a child.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-02-17 - Representative Steuerwald added as coauthor [HB1481 Detail]
Download: Indiana-2011-HB1481-Introduced.html
Introduced Version
HOUSE BILL No. 1481
_____
DIGEST OF INTRODUCED BILL
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, 2011.
Kirchhofer, Sullivan
January 20, 2011, read first time and referred to Committee on Family, Children and
Human Affairs.
Introduced
First Regular Session 117th General Assembly (2011)
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
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
HOUSE BILL No. 1481
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-14-11-18; (11)IN1481.1.1. -->
SECTION 1. IC 31-14-11-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 becomestwenty-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.
(1) The child is emancipated before the child becomes
(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; (11)IN1481.1.2. -->
SECTION 2. IC 31-16-6-6, AS AMENDED BY P.L.80-2010,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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 becomingtwenty-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) is on active duty in 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.
(1) The child is emancipated before becoming
(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) is on active duty in 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.
