Main Menu
Indiana reduces child support termination age from 21 to 19
Posted in Estate Planning

The Indiana General Assembly has passed legislation which, effective July 1, 2012, provides that child support – other than for educational expenses – now generally terminates at age 19 rather than age 21.  Prior to this enactment, Indiana was in a minority of states that provided for child support payments to continue until age 21 in most cases.

How will this affect support orders issued prior to July 1, 2012?

"Practitioners and the courts will need to work through implementing this change in the statute," said James A. Reed of Bingham Greenebaum Doll LLP. "But the conventional wisdom is that, after July 1, a parent paying child support as directed by an order issued prior to July 1 for a child who has reached age 19 may simply discontinue making further weekly support payments for that child." Reed added, "However, when there are other children who are the subject of the support order who have not yet turned 19, those parents should continue paying support as ordered and contact counsel to discuss the possibility of a support modification."

How will this affect support orders for educational expenses and other extenuating circumstances?

Notably, orders requiring parents to contribute to a child's college expenses are expressly exempted from this change, so orders for the payment of college expenses may continue past age 19 as has historically been true past age 21. The revision expressly permits a child who is subject to an existing support order to file a petition for educational expenses until he or she turns 21; however, any child who is the subject of a support order issued after June 30, 2012, will be required to file a petition for educational expenses prior to his or her 19th birthday. Child support may still be terminated by court order prior to age 19, when emancipation is proven. And, child support may continue past age 19 when a child's incapacity is established. The full text of the revised statutes can be found here.

  • Partner

    Mike is a partner in Bingham Greenebaum Doll LLP’s Estate Planning Department. The Estate Planning Department seamlessly coordinates and executes a wide array of legal services that cater to the unique needs of high ...



Recent Posts




Back to Page