Modify Child Support Without 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 do not 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 Without Agreement Because A Child Is Emancipated 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. Review and sign the forms.
Step 3: Complete A Child Support Obligation Worksheet, Gather Information for the Income Withholding Order, 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 your case may 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.
Step 5: The Hearing
1. Watch the chapter(s) on preparing for your hearing in the video Family Matters: Choosing to Represent Yourself in Court.
2. Before you go to Court, you should review the Child Support statute (IC 31-16) so that you know what evidence you need to present to the Judge.
3. Dress nicely and be on time.
4. You will get to talk first, because you are the one who filed for the motion. Then, the other parent will get a chance to talk. Do not interrupt the Judge or the other parent.
5. Sometimes, the Judge will make his or decision right away. Sometimes you will have to wait for the decision to come in the mail. The Judge might sign the order you provided or issue one of his or her own. If it has been several weeks since the hearing and you have still not received an order in the mail, call the Court and ask for a copy.