Full question:
I have a 18 year old son who lives with his father. I am required to pay child support and health insurance. On my son's 19th birthday, he or his dad was supposed to send me papers stating he was still enrolled in school, as per the insurance company. I do not have the paperwork, nor have they sent to the insurance company. I cannot provide heath insurance without this paperwork. I can't afford COBRA on him, nor can I get COBRA without his dad's permission or my son's (he's now 19). He is not in school nor employed. This is his and his father's choice. WIll the courts emancipate him, or will I still have to pay child support and pay for health insurance?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Indiana
Answer:
In Indiana, child support obligations may continue until the child turns twenty-one, unless certain conditions are met. According to Indiana law:
- Child support can end if the child is emancipated, which can occur if they are not under the care of either parent and meet specific criteria (IC 31-16-6-6).
- A child may be considered emancipated if they are at least eighteen, have not attended school for the last four months, and are capable of supporting themselves (IC 31-16-6-6(a)(3)).
- If the court finds that your son meets these conditions, child support could be terminated. However, if he is only partially supporting himself, the court may modify support instead of terminating it.
Additionally, you are required to provide medical support, which can include health insurance (IC 31-16-6-4). If you cannot provide health insurance without the necessary paperwork, this may complicate your obligations.
For further guidance, you may want to consult a family law attorney to discuss your specific situation and options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.