Modify Child Support With Agreement – Because Child Is Emancipated
Use this form packet if: 1. There is a current child support order between you and your child(ren)’s other parent; and 2. You believe a child for whom support is being paid is emancipated; and You want the child support payment to be changed; and 3. You and the other parent agree on what the child support obligation should be.
When is a child emancipated? For purposes of child support, Indiana law (IC 31-16-6-6) considers a child emancipated if the child: 1. is age 19; or 2. has joined the United States armed services; or 3. is married; or 4. is not under the care or control of either parent or someone else approved by the court; or 5. is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and either is supporting himself or
If all of the children you have with the same parent are emancipated, you must use the Verified Petition to Terminate Child Support due to Emancipation of Minor Child(ren).
Step 1: Read the Instructions
Select and read the ‘Instructions’ packet below
Step 2: Complete The Modification of Child Support With Agreement Because A Child Is Emanicpated Packet
1. Use a computer to fill in the form blanks and print out the forms, or print out the forms and write your answers using a pen.
2. The Agreed Entry must be signed by both parents in front of a Notary Public before it is filed with the court.
Step 3: Complete A Child Support Obligation Worksheet, Review the Income Withholding Order Information and Check Indiana’s Parenting Time Guidelines
1. Complete a Child Support Obligation Worksheet. If you do not file a completed Child Support Obligation Worksheet, the Court may not approve your Agreed Entry, and your case will be delayed.
Go to Child Support Work Obligation Worksheet to use the online calculator or to print blank forms.
2. Income Withholding Orders are sent to the employer of the parent paying child support and may need to be signed by the judge. Here is a link to an Income Withholding Order and instructions. Note that once you click the link to the page, you will need to scroll down. Income Withholding Order
3. Review Indiana’s Parenting Time Guidelines.
Step 4: File your Completed Forms
1. Check your county court’s local rules here.
2. Take the originals and copies of your forms (forms linked below, Child Support Obligation Worksheet, and Income Withholding Order) to the Clerk of the Court that issued the current child support order. The Clerk will stamp the forms with a filing date and give you back a copy.
3. Mail one stamped copy of each form that you filed to the other parent’s attorney, or the other parent if he or she is not represented by an attorney.
4. Leave two stamped envelopes, one with your address and one with the other parent’s (or other parent’s attorney’s) address, with the Clerk for mailing the signed order.