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fluffysarge · Jun 15, 2012, 03:49 PM

I got divroced the state of Indiana, the divorce decree had that I had to pay 139.00 per week in child support, my x moved to Alaska and filed for child support, in Alaska is enforcing the order and is deducting it from my account, what is the age which it should stop? I see that indy has a new law from 21 to19 and all pay stops on 1 July unless someone owes, who who's law do I fall under

AK lawyer · Jun 15, 2012, 03:53 PM

Your CS obligation would be according to Indiana law, and the terms of your divorce decree. What does the decree say about how old the child must be when you can stop paying?

fluffysarge · Jun 15, 2012, 10:22 PM

It has no age to when it will stop, I was told that it would be according to the Indy law of 21, but the law has changed to age of 19 effective 1 July 2012

Fr_Chuck · Jun 16, 2012, 04:25 AM

Then you will have to take it back to court to confirm, most ( all I have ever seen) state a specific day, month and year or at least a age for it to stop. The attorney who did this one or yours did not fight it to make it clear. So now you will need to take it back to court to clear up.

Many times a new law change does not effect past support orders, just new orders.

ScottGem · Jun 16, 2012, 04:33 AM

As noted as long as YOU continue to reside in IN, they will have jurisdiction. I'm actually surprised that Alaska is doing the collecting and not IN.

As for how long the support lasts, that should be spelled out in the divorce decree as noted and if it isn't you need to go back to court for a clarification. Most of the time when a law is changed it only applies going forward.

I'm curious as to whether your ex moved with permission. Did you have a visitation order as part of the divorce?

AK lawyer · Jun 16, 2012, 05:31 AM

Originally Posted by ScottGem

.... I'm actually surprised that Alaska is doing the collecting and not IN. ...

That would be the Child Support Enforcement Division, a part of the exectutive branch of the state government. It cooperates with similar agencies in other states to collect child support.

ScottGem · Jun 16, 2012, 05:42 AM

Originally Posted by AK lawyer

that would be the Child Support Enforcement Division, a part of the exectutive branch of the state government. It cooperates with similar agencies in other states to collect child support.

Just curious, but wouldn't IN issue the garnishment order and then forward the payments to AK for forwarding to the custodial parent?

AK lawyer · Jun 16, 2012, 05:49 AM

Originally Posted by ScottGem

Just curious, but wouldn't IN issue the garnishment order and then forward the payments to AK for forwarding to the custodial parent?

Yes, that's how it would happen. CSED, in behalf of the custodial parent, would ask the Indiana agency to obtain the garnishment order, and payments would be made through the Indiana agency, to the custodial parent.

ScottGem · Jun 16, 2012, 06:10 AM

Originally Posted by AK lawyer

Yes, that's how it would happen. CSED, in behalf of the custodial parent, would ask the Indiana agency to obtain the garnishment order, and payments would be made through the Indiana agency, to the custodial parent.

That's what I thought, the way it was worded, it seemed that AK was doing the garnishment bypassing IN. That's why I was curious.