Crown Point, IN asked in Child Support for Indiana

Q: Can I get child support eliminated?

I pay support to my ex-wife (she has physical custody/we have joint legal custody) but we split time with our kids equally. She also makes considerably more money than I do and is also remarried. We have been divorced for over 4 years. If so when filing with the court for this modification should we also change physical custody to joint physical custody?

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1 Lawyer Answer

Alexander Florian Steciuch

Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: You have two questions here.

Can you get child support eliminated? Only in certain situations. At age 18 if the child has not attended school in 3 months or not enrolled in school for 6 months or at age 19 which is the legal age of emancipation of child support in Indiana. Child support obligations can also be terminated if the children are adopted and your parental rights are terminated.

If you think you should be paying less because she is better off, you can petition the court to reduce your obligation. Elimination is most likely not going to occur if the children are not of age or have not been adopted.

Should you change physical custody to joint physical custody? Only if this is what you wish. This is a very different question than if you can eliminated child support.

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