Child Support

Child support is payment from one parent to the other to help cover the cost of their child’s care, education and basic expenses involved in raising a child. In Indiana, child support orders are based on the Indiana Child Support Guidelines, which help to ensure that the children are cared for under the same or similar economic circumstances as they enjoyed before the marriage was dissolved. Once ordered, child support must be payed until the child reaches the age of 21, unless the child is emancipated or is not attending post-secondary school and is capable of supporting himself or herself. Typically, the noncustodial parent is ordered to pay child support to the custodial parent. The amount of child support is generally based on a number of factors including:

• The needs of the child;

• Weekly gross income of each parent;

• The child’s standard of living before the divorce;

• Any special needs that the child may have; and

• Parenting time of the noncustodial parent.

Parenting time can actually become a key determinant in the amount of the child support order. The noncustodial parent is typically the parent paying child support. However, a noncustodial parent that is with the children 40% of the time will normally pay a smaller percentage of his or her income in child support than a noncustodial parent who is with the children 20% of the time.

Once child support is ordered by the court, the only way to modify the order is to file a petition with the court. A modification agreement privately entered into by the parents that has not been approved by the court will not be recognized as legally valid. Generally, child support orders will only be modified in cases of a substantial change in circumstances. A drastic and ongoing decrease or increase in the payor or payee's income would be a valid grounds for modifying the a child support order. Child support obligations cannot be retroactively modified, so it is important to file a petition for modification immediately if you experience a significant decrease in income or have lost your job.

Enforcing Child Support Orders

Unfortunately, failure to pay child support has become all too common in the U.S. To address this issue, Indiana has implemented several legal tools to help custodial parents enforce child support orders. Often, the best way for a court to ensure compliance with a child support order is to issue an income withholding order, which requires the payor's employer to deduct child support directly from his or her paycheck. In cases where the payor intentionally quits a job to avoid an income withholding order, the court may hold the delinquent parent in contempt of court and order the party to perform community service and to actively seek employment or risk fines and/or jail time. If your ex-spouse has failed to pay child support, contact a family law attorney to explore all legal remedies available to you.

Call 812.238.2121 to Learn More About Indiana's Child Support Guidelines.

If you are going through a divorce, or wish to enforce a child support order, you should seek the advice of an experienced family law attorney to help you in your child support case. For the past 25 years, Eric Abel has devoted his practice primarily to divorce and child custody cases. The Abel Law Firm provides aggressive, compassionate representation in all family law matters. To discuss your case with an experienced family law attorney, call 812.238.2121 today OR contact us online.