In the state of Indiana statuory cite or civil code reference for the age of majority IC 31-16-6-6. If not addressed in the order, child support is automatically terminated as a matter of state law. Child support has to be paid until the age of 21 even if the child moves out of the home of the custodial parent.Child support can be ordered to be paid longer if a child has been legally incapacitiated. My sujestion if you are concerned that the child support will not end but it should contact the child support services about two months prior to the child turning 21 and inform them that your child turns 21.

Hi, timbo1010, and welcome to WebAnswers.

To avoid the uncertainty of bureaucratic vagaries that might subject you to some unpleasantness, you should proactively file a petition directly with the court, and, as you have suggested, do so now, so that you have a certified order to hand-deliver to a specific and named individual at the Child Support Bureau.

You should not need an attorney to accomplish this.

For the correct forms, go here for the packet:

http://www.in.gov/judiciary/selfservice/2342.htm

Thank you for your question.

Calling an Indiana Child Support Bureau office will not end child support, because of factors of which it might not be aware, which is why the Indiana Judicial Bureau provides such a termination packet. In fact,. it provides two kinds of packets: one, when there is an agreement that child support should end, and another, when there is disagreement.

Further, the Child Support Bureau cannot offer legal advice.

The provisions of IC 31-16-6-6 are NOT automatic, and, in fact, suggests court involvement in the matter.

It is provided in its entirety:

IC 31-16-6-6 - Termination or modification of child support; emancipation of child

Sec. 6. (a) The duty to support a child under this chapter ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21) 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.
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.362; P.L.80-2010, SEC.30.

Particularly noteworthy is paragraph (a)(3)(C) that clearly involves the court.

I have not gone through the Support Bureau, my divorce was in '94 and I have always wrote a check to her as per my attorney. There is no dispute of payment as we have just modified for college expenses and support was not an issue.

Then, file the petition found in the packet provided above, because the court will decide the matter with finality should ever a question arise.

I am a little confused here, if you have just went though the court to modifly child support for college, not sure why you have ask this question. When the coourt modflied the orignal child support order it should state if child support will continue after the child reaches 21, if you and the non-custodial parent have went back to court and agreed on any changes or any child support past the age of 21 then you will be oblagated to pay the support for the additional time.

Mother obtained an attorney because she thought I would do whatever she said and that was pay 100% of college. Now since that is settled, I just want to know if I need to have a judge tell me that he is 21...my attorney who handled this case said I needed to file a petition, my divorce attorney had told me that I just stop making payments once he turns 21. That is what I needed to clear up. I really don't want to spend money on legal fees if I don't have to!

Timbo1010, you do not need to incur additional legal fees, as the packet provided above is fairly straightforward and easy to file.

But, will your son complete college when he turns 21? For, if he will not, you will likely have to continue support until he does, at least a four-year undergraduate degree.

The divorce attorney must have attended the same law school tomturley did.