Posts Tagged ‘Notice of Relocation’

An Out of State Move Can Affect Your Child Support Rights

Thursday, March 8th, 2012

The laws vary greatly from state to state with regard to the calculation of child support.  In the State of Indiana, child support presumptively continues until a child reaches age 21; however, in many states support automatically terminates at age 18 or upon graduation from high school.  Also, the State of Indiana is in the minority of states providing that parents may be ordered to contribute to their children’s college education costs.

A move out of state, particularly if neither parent continues to reside in the State of Indiana, can potentially jeopardize the primary custodial parent’s support entitlement under Indiana law.  If both parties move out of Indiana, a “home state” test is used to determine to which state the case should transfer.  Any modifications of the support order may be applied under the new state law.

A move by either parent will also trigger that parent’s obligation to file a Notice of Relocation with the court and provide the other parent with a copy.  It is no longer only the custodial parent’s obligation to file Notices of Relocation, and it is no longer the law that a move must be out of state or greater than one hundred miles before the notice is required.  Parenting time schedules and even custody can be revisited upon a parent’s move out of state.

If you are contemplating a move out of state and have an existing State of Indiana custody, parenting time, or child support order, it is advisable to speak with an attorney beforehand.  A member of the Family Law Section would be happy to discuss these issues with you.