Indiana Child Support Question, Any Attorneys or Paralegals?

Question

In a few months, my child (who is in college) will turn 21 years old.
Indiana Statute basically says once a "child" is 21, support is done. IC 31-16-6-6
My attorney believes I can just stop paying because his interpretation is that the Indiana Statute overrides any judges opinion except for extenuating circumstances.
The Clerks of the court is infactic in saying the only way to do this properly is to petition the court.
So who is right?

Answer 1

You need to make sure you do this right. It needs to go through the courts so everything is documented properly. The judge will probably do just what the statute says, but why risk it? There may also be pending obligations that need to be addressed, such as arrearages. Go through the courts!!!!

Answer 2

What do your Child Support papers say? Some end support at 18 or 21. Some keep the payments in place until the child is out of school, including college. I would believe State statutes myself.

Answer 3

All your answers here are correct.

If owe arrears than you need to be making payments on time each month to pay off the balance of the arrears.
In other words just because you child turns 21 and child support will stop does not mean arrears stop until that balance is paid off.

You did not indicate that you owe arrears so I would assume your child support ends at the date of 21st birthday until court orders state otherwise.

Do file with the courts to have child support terminated.

Answer 4

Why take a chance? You can file the paperwork with the court yourself, without incurring any attorney fees.

Here's the paperwork:
http://www.in.gov/judiciary/selfservice/forms.html