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Fayette County: Child Support Orders and Mandatory Discovery

Indiana law gives the option of modifying child support to the date of filing a Petition to Modify Support.  Twenty-two years ago, it was pretty much impossible to get a Madison County court to modify back to the date of filing.  That has changed.  Fayette County explicitly shifts to an expectation that child support will go back to the date of the filing of the petition.

It has been standard in most counties around Madison County - the general area in which I usually practice - to issue a Motion to Produce and/or Interrogatories which have their own requirement of updating information.

LR21-FL00-FL-12

CHILD SUPPORT ORDERS

There is hereby created a rebuttable presumption that provisional child support orders shall be made retroactive to the date of the Initial Provisional Order Hearing.  Such presumption may be rebutted upon a showing that such retroactivity is inappropriate under the facts of a particular case.

There is hereby created a rebuttable presumption that modification of post-decree child support orders shall be made retroactive to the Date of the first hearing on the petition for modification.  This Rule shall not apply where a change of child custody is involved.

At least fourteen (14) days before the scheduled provisional or modification hearing, the parties shall exchange their three (3) most recent pay stubs, most recent W-2 and tax return, 1099's for income earned, and any documentation as to unemployment compensation or disability pay received within the last year

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on December 12, 2009 (boomark / email).