NEW CHILD SUPPORT LAW By Attorney Corey L. Scott A few months ago when I previewed proposed changes to the law this year, I promised to return to discuss the bills that actually became new law. Well, here we are just a few weeks before the new laws take effect. So my next several articles will discuss new laws taking effect this year. This article discusses changes in child support law. Under current Indiana law, parents are required to pay child support until their children turn twenty-one (21), unless certain exceptions apply and the child is emancipated. However, beginning on July 1, 2012, under Indiana Codes 31-14-11-18 and 31-16-6-6, parents are only required to pay child support until their children turn nineteen (19). With this change, Indiana falls in line with the majority of other States as there are only two other states and the District of Columbia that currently extend the duty to pay child support to the 21st birthday. Of course as with any law, there are exceptions. In this case, the new law reads, “[t]he duty to support a child under this article, which does not include support for educational needs, ceases when the child becomes twenty-one (21) nineteen (19) years of age.” The exception here means that child support for “educational needs” doesn't necessarily end at nineteen (19) and parents can still be required to pay support past the age of nineteen (19) for educational needs. However, the new law does not define exactly what is meant by “educational needs.” That would have been too easy. My guess is that lawyers, judges, and the Courts will wrestle for some time to get a good working definition as to what constitutes educational needs. Although the law provides for the educational needs exception, it is important to note that under the new law, requests for educational needs support must be filed prior to the child turning nineteen (19). So for example, if a child is attending college but the request for educational needs support is not filed until the child turns twenty (20), then the request would be denied because it was filed too late. Finally, another possible point of future litigation is the fact that the law is written to apply retroactively but is silent as to how the new law will affect child support agreements and previous support orders that require parents to pay support until their children turn twenty-one (21). In fact, there has already been debate among those in the legal profession as to whether the new law can cancel out pre-existing child support agreements, which are akin to contracts between the parties. This point, and others will have to be sorted out over the next few years as the new law is broken in and different issues and scenarios are brought before our Courts, it should be interesting—we'll see….see you in court.
About the Author
Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology. Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis. While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions. He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy. Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency. In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis. It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C. Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law. In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.