Indiana

Child Support FAQ

When a child is born out of wedlock, or has divorced parents, he or she is entitled to receive financial support. The amount of support to be paid is based upon the Indiana Child Support Guidelines. Both parents are responsible for contributing to the support and care of their child. However, only the non-custodial parent will be responsible for child support payments, which is typically withheld from his or her paycheck and sent to the Clerk?s Office, Child Support Division, of the County where the support order was entered.

Determining Child Support:

When assessing child support, the Court will take into account both parents? gross income by reviewing recent weekly/biweekly pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of income may also be supplemented with copies of tax returns. If one of the parties in unemployed, the Court will often impute income to that parent based upon their earning power.

Living expenses, such as mortgage, car payment and insurance, are not taken into account when child support is assessed. However, additional key factors will be considered, thereby reducing your gross income, such as the following factors:

In Indiana, child support continues until the child reaches the age of twenty-one, unless the child is emancipated prior to that time. A child may be emancipated by the Court if the child is at least 18 years old, has been out of school for at least four months, and is either employed or capable of employment. The Court may find the child emancipated for other reasons, such as the child joining the armed services, getting legally married, or being out of the care and control of both parents. In addition, the Court can enter an educational support order, whereby support for educational expenses continues for a child enrolled full time in post-secondary education.

When and Why Can a Child Support Change?

If you were ordered to pay child support, and then due to a change in circumstances become the custodial parent, the Court should be advised at once so an order changing custody can be entered. The Court will, as a part of the order changing custody, order the non-custodial parent to pay support and terminate your support obligation.

You always have the right to request an assessment of your child support account. You can also petition the Court for a modification of child support if there has been a change in circumstances that makes the current support order unjust, or if twelve months have passed since the last support order and the proposed amount of the support obligation, as determined by the Indiana Child Support Guidelines, compared to the ordered support obligation has changed by 20 percent or more.

What If There is No Payment or Late Payments?

When a person fails to pay Court ordered support, the payor may be found in contempt of Court. In such instances, the Court may impose jail time. Additionally, if the Court finds you in contempt, it may order you to pay attorneys fees and costs associated with bringing the action for contempt. You can also expect an income withholding order that garnishes the child support payment directly from your pay. The law allows for taking 60% of your pay for child support.

The payor may also lose their driver's license or a professional license.

Additionally, if child support enforcement prosecutor represents the payee, any refund from a tax return you are eligible to receive is subject to interception to reduce the amount of the arrearage.

If you are wanting more information on child support, follow the link below to more articles on child support (especially FAQ page for child support). If you need an Indiana lawyer for your child support case, give me a call.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on September 03, 2008 (boomark / email).