Monday, February 25, 2008

Indiana Child Support After Age 21 - New Appellate Case

Child support continues after age twenty-one unless child is incapacitated, and incapacitation was one of the issues in Liddy v. Liddy (PDF format). The Indiana Court of Appeals decided on February 20 that a twenty-one year old child diagnosed with schizoaffective disorder was incapacitated and upheld a child support order - even though the child had a small income and did not live at home.

Also, the panel of Indiana's Court of Appeals clarified that the burden for proving emancipation falls on the party opposing the emancipation.

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