Prosecutor's Office

WHAT IS “EMANCIPATION”?

Emancipation is when a court determines that a young person is old enough and capable enough to provide for himself or herself. Most times, the court looks at a list of specific issues, which are listed elsewhere in this pamphlet, to decide if a child should be emancipated. When a child has a significant and long-term physical or mental incapacity, a child may never be emancipated. Instead, both parents would have an obligation to financially support the adult child indefinitely.

WHEN DOES CHILD SUPPORT END?

A child support obligation continues until a court orders the child support to stop. It may continue during a child’s incapacity or disability. In most cases, an order of support modification accompanies an order for emancipation. However, the orders are not the same. An order of emancipation, by itself, does not end or change a child support obligation.

**Please be aware that the IV-D office does not become involved in disputes about whether a child should be emancipated. Neither does the IV-D office obtain the medical records or other documents needed to show whether emancipation is appropriate. These are your obligations.

WHEN MAY A CHILD BE EMANCIPATED?

• When the child turns 21 years of age

• On or after the child turns 18 years of age, if any of the following:
1. The child has not attended school in four months and is not enrolled in school;
2. The child is capable of supporting him/herself through employment;
3. The child has joined the United States armed services;
4. The child is married;
5. The child is not under the control of either
parent or of a court-approved agency or person.

WHAT IF OUR SUPPORT ORDER COVERS MORE THAN ONE CHILD, BUT ONLY ONE CHILD IS EMANCIPATED?

If one child is emancipated and other minor child(ren) remain at home, expect that the Court may order the support obligation for the remaining children recalculated when the emancipation of one of the children is ordered.

Child support is based on a State-established formula. It is a support amount per household, rather than a support amount per child. For example, if you have two children and one is emancipated, neither parent should expect the support order to automatically be cut by half.

IF I BELIEVE MY CHILD SHOULD BE EMANCIPATED, WHAT DO I DO?

If there is an open case through the IV-D Office, contact your caseworker in writing. In your letter, you should state the reason(s) you believe the child should be emancipated. Your caseworker will contact the other parent about your emancipation request. She
will indicate which of the emancipation categories you believe applies to the child.
If the parents agree that the child should be emancipated, the IV-D Office will prepare an Agreed Entry (a request for court approval of an agreement of the parties). Both parents would sign it. The Agreed Entry states the date the parents agree the child became emancipated. It will also calculate any arrearage that remains on the support case. After both parents have signed the Agreed Entry, one of our staff attorneys will review and sign it, and the IV-D Office will file it with the Court. After the Judge has reviewed
and approved the Agreed Entry, you will receive by mail a copy of an Order of Emancipation. The order reflects the parents’ agreement about the date of emancipation and disposition of any child support arrearage accrued for that child. If the parents disagree about the child’s emancipation, the IV-D Office will inform both parents that there is no agreement. If either parent wishes to pursue the issue further, that parent would need to file paperwork with the Court to have a hearing on emancipation set.

**Our staff attorneys represent the interests of the State of Indiana, rather than those of either parent. Our office is unable to advise whether emancipation is in the interest of either parent. We suggest, if you have questions about emancipation, that you seek private legal advice or that you contact Legal Aid of Hancock County for potential assistance. Our understanding is that the court does not appoint pauper attorneys to address issues of emancipation.