Child Support Attorneys in Carmel, Indiana
One of the most important subjects that divorcing parents need to resolve is child support.
Child Support Comes With Rights and Responsibilities - Call (317) 969-8000
Normally the non-custodial parent pays the parent with primary physical custody a monthly amount which is more or less fixed by the Indiana Child Support Guidelines.
In some cases, however, it is difficult to use the guidelines formula to come up with the monthly support amount. In these situations JR Emerson, a Carmel child support lawyer, will use his skills and Indiana’s child support laws in both negotiations and court hearings to persuasively present your case.
In addition to representing your position, JR will take the time to make sure you understand just how child support calculations work and what can and cannot be done to adjust the guideline amount.
How Does a Court Determine Child Support?
Indiana has written rules that specify how child support is determined. These rules are called the Indiana Child Support Guidelines. Child support is basically a function of each parent’s income, any work related child care expenses, child related medical insurance premiums, and a few other factors to determine child support. If a parent is not employed, the Court will often compute child support on the assumption that the parent could earn at least a minimum wage. Usually child support payments are made to the clerk’s office through an income withholding order.
How to Calculate Child Support in Indiana?
Many factors are considered to determine how much child support a parent pays. The goal of child support in Indiana is to provide the children with the same standard of living as the children would have had if the parents had not divorced.
Each Parent's Income
To reach this goal, the first factor to consider is how much income each parent has.
Overnights With Parents
The next factor to consider is how many nights the children will live with each parent. Typically, the more time children spend with a non-custodial parent, the less child support the non-custodial parent will pay to the custodial parent.
Child's Health Insurance
Another factor to consider is which parent pays for health insurance for the children. If the non-custodial parent pays for health insurance for the children this will be considered a credit toward the child support. Another issue to consider is whether children require child care for a parent to work. If so, the parent who pays the child care will be given credit for this when considering how much child support to pay.
Any Subsequent Children?
Another factor to consider is whether either parent has prior or subsequent children. If so, this will affect how much child support is awarded.
The bottom line is that there are many variables to consider when deciding how much child support a parent should pay.
How to Modify Child Support?
Yes. Your child support order can be modified or changed if you meet certain conditions.
How Do I Change My Child Support Obligation?
In general, the provisions of a child support order may be modified by showing a court a continuing and substantial change of circumstances that makes the terms of the child support order unreasonable. The amount of the modified child support order is within the discretion of the court.
Indiana Code 31-16-8-1 Modification or revocation of child support order
Indiana Code 31-16-8-1 specifies how to modify or revoke child support:
Sec. 1. (a) Provisions of an order with respect to child support or order for maintenance (ordered under IC 31-16-7-1 or IC 31-1-11.5-9(c) before their repeal) may be modified or revoked.
(b) Except as provided in section 2 of this chapter, modification may be made only:
(1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and
(B) the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.
(c) Modification under this section is subject to IC 31-25-4-17(a)(6).
Call Our Carmel Child Support Lawyers Today (317) 969-8000
If you want to learn about modifying a child support order contact Carmel family law attorney JR Emerson today.