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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
