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What does "emancipation of minor child(ren)" mean?
For child support purposes, Indiana law (IC 31-16-6-6) considers a child emancipated if a court finds that the child has joined the United States armed services, has married, or is not under the care of either parent or an individual or agency approved by the court. |
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Step 1: Who should use this packet
You should use this form packet if:
- There is a current child support order between you and your child(ren)'s other parent;
- You have reason to believe that circumstances have changed so much that the current child support order should be changed;
- You and the other parent do not agree on what the child support obligation should be.
Refer to IC 31-16-8 for detailed information about this topic.
Step 2: What this packet contains
The packet (link below) is a document, which contains several pages of questions that you complete on the computer. When you answer the questions, the forms will be filled in automatically. Once the packet is completed, you must print the forms, sign the forms, make copies, and take them to the Clerk of the Court. Review your local court rules to find out how many copies you will need, and any additional forms or procedures required in your county.
Step 3: File your Completed Forms
- Take the originals and copies of your forms to the Clerk of the Court that issued the current child support order.
The Clerk will stamp the forms with a filing date and give you back a copy.
- Mail one stamped copy of each form that you filed to the other parent's attorney, or the other parent if he or she is not represented by an attorney.
- Leave two stamped envelopes, one with your address and one with the other parent's address, with the Clerk for mailing the Notice of Hearing. This will tell you when your court date is scheduled.
Step 4: The Hearing
Watch the chapter(s) on preparing for your hearing in the video Family Matters: Choosing to Represent Yourself in Court.
Before you go to Court, you should review the Child Support statute (IC 31-16) so that you know what evidence you need to present to the Judge.
- Dress nicely and be on time
- You will get to talk first, because you are the one who filed for the motion. Then, the other parent will get a chance to talk. Do not interrupt the Judge or the other parent.
Sometimes, the Judge will make his or decision right away. Sometimes you will have to wait for the decision to come in the mail. The Judge might sign the order you provided or issue one of his or her own. If it has been several weeks since the hearing and you have still not received an order in the mail, call the Court and ask for a copy.
Be sure you complete a Child Support Obligation Worksheet. If you do not file a completed Child Support Obligation Worksheet, the Court may not hear your case that day, and you will have to go back to court another day. Go to http://www.in.gov/judiciary/childsupport/ to use the online calculator or to print blank forms.
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