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dark_angel_kitten_86

IN after 18 is custody agreement still enforced?

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Okay IN custody agreement between mother and father states that the mom carry health insurance on the child and that mom claims kid on taxes on even year and dad claims her on odd years. Once the child turns 18, if it is not stated in the agreement (signed by a judge) that the agreement goes past age 18, does it matter which parent claims the child on taxes? That is if the child doesn't claim themselves. And does the mother have to continue to carry health insurance on the child after the child turns 18?

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If the agreement or order does not say one way or the other what happens when the child turns 18, I suggest you consult a family law attorney in Indiana to review it and tell you if the agreement automatically terminates when the child reaches age 18. Not all the states handle it the same way, so there is no universal answer for this and, so far as I know, no IN family law attorneys participate here.

 

As for the rules on claiming a child as your dependent on your federal income tax return, you’ll find those explained in IRS Publication 501

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This Response is not intended to create an attorney-client

relationship.

 

1) Age of emancipation in Indiana is ordinarily 19 years of age

in terms of weekly/monthly child support, unless child

is physically/mentally disabled or child is capable of

supporting himself/herself (having completed schooling

for at least 4 months) or is in military service or is

married before 19 years of age.  

 

2) College education expenses allocation

can go past 19 years of age.

 

3)  If the agreement is indeed vague, a Petition

can be filed with the Court to ask for clarification

on that issue. Of course, the Court could refer

that issue to mediation first.

 

4) It sounds like a key issue is who is the (primary physical)

custodial parent and is the child support being paid in.

 

5) The mother should continue to carry the child on

health insurance until at least 19 years of age. 

Obamacare now allows a child to be covered on

a parent's health care insurance up to 26 years

of age, and that would be prudent to do so

if the child is attending college. 

 

6)  Did you or your ex-spouse draw up this Settle-

ment Agreement or did an attorney do so? If an

attorney drew it up  and screwed up the 19 years

of age as emancipation issue, get a new attorney. 

If you or your spouse drew it up and screwed up

the 19 years of age as emancipation issue, hire an

attorney. You may also need to consult with an

accountant.

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