09 Aug Changes to Indiana Family Law Statutes effective July 1, 2019
The Indiana Legislature has made a few significant changes to Child Support and Parenting time in 2019. These changes took effect on July 1, 2019, and could be of significance to our clients.
- Child Support Modification (Senate Enrolled Act 206, P.L. 99) (Ind. Code § 31-16-8-1)
- Code § 31-16-8-1 has been amended to clarify the definition of an order modifying child support for purposes of calculating when a modification can be properly filed without violating the 12-month waiting period.
- Child Support (House Enrolled Act 1520, P.L. 263) (Ind. Code § 31-16-6-6)
- The duty to support a child ceases when the child becomes 19 years of age unless the child is a full-time student in a secondary school.
- In order for child support to continue for a child who is: (1) 19 years of age or older; and (2) a full-time student in a secondary school; a parent or guardian of the child must file notice advising the court that the child continues or will continue to be enrolled in secondary school.
- The required notice must be filed with the court and provided to each party to the child support proceeding no earlier than the child’s 17th birthday and not later than the child’s 19th birthday. The notice must include proof of the child’s enrollment and expected graduation date.
- If a party to the child support proceeding does not file an objection or request for a hearing within thirty (30) days after the party receives the notice, the court may, without holding a hearing, issue an order continuing child support through the date on which the child is expected to graduate.
- Parenting Time (Senate Enrolled Act 323, P.L. 223) (Ind. Code § 31-17-2-21.8)
- Authorizes a court to require a parent to submit to drug testing as a condition of exercising parenting time rights if the court finds that: (1) the parent has a history of unlawful drug use within the previous five years; or (2) there is a reasonable likelihood that the parent is currently using unlawful drugs. The statute also specifies that the parent shall pay the costs of the drug testing.
- If a court grants parenting time to a person who has been convicted of: (1) child molesting; or (2) child exploitation; within the previous five years, the court shall order that the parenting time must be supervised.
If you feel like any of these changes could affect your current custody and parenting time agreements, contact BKR for a consult today.