Terminate Child Support Without Agreement

Use this form packet if you or the other parent are ordered to pay child support for your children; and you believe that all the children you and the other parent have together are emancipated; and the child support obligation should terminate; and you and the other parent do not agree that the child support obligation should be terminated. 

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 herself, or is capable of supporting himself or herself through employment.

If you must still pay child support to the same parent for another child, even if a minor child is emancipated, you must use the forms ‘Modify Child Support Because Child is Emancipated’.

Step 1: Read The Instructions

Select and read the ‘Instructions’ packet below.

 Step 2: Choose How You Will Complete Your Forms

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.

Step 3: File Your Completed Forms

1.  Take the originals and copies of your forms 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.

2.  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.

3.  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.

Step 4: 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.

Read the Instructions First

Z

I Have Read The Instructions

Translate »