Hamilton County Child Support Lawyers
As Indiana child support lawyers, we provide advice and representation to clients concerning all aspects of support, including agreements for providing support, support modification, and collection on support obligations.
Every support situation is unique. We know that you will likely have many questions concerning support calculation and other matters. We’re here to answer your questions and to represent your interests.
Child Support in Indiana
Support Basics
In Indiana, both parents must support their child(ren) financially until the age of emancipation. Typically, the non-custodial parent will owe child support in an amount that is calculated by a formula described in the Indiana Child Support Guidelines.
In calculating support, factors considered include:
- each parent’s gross income,
- whether there are any children born prior to or after this action,
- the weekly cost of health insurance for the child(ren),
- the weekly work-related daycare costs for the child(ren) and,
- the amount of overnights the child(ren) spend with the non-custodial parent.
A child support order may only be modified upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or upon a showing that 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 the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.
Emancipation
In Indiana, the duty to support a child which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age, unless the child is incapacitated.
The duty to support a child may end prior to the child reaching nineteen (19) years of age if the child is:
- at least eighteen (18) years of age,
- has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution, and
- is currently or is capable of supporting himself or herself through employment.
The Court shall also find a child emancipated and order child support terminated if the child:
- is on active duty in the United States armed services,
- has married, or
- is not under the care or control of either parent or an individual or agency approved by the court.
If the obligor is in arrears (behind in payments), the duty of that person to pay child support does not end when the person’s duty to support a child ceases.
As there have been recent changes in the law regarding the age of emancipation, we strongly encourage you to consult with an attorney regarding these changes and how it may affect your individual case.
Post-Secondary Educational and Medical Expenses
The child support order or an educational support order may also include amounts for the child’s education in elementary and secondary schools and at post-secondary educational institutions, taking into account the child’s aptitude and ability, the child’s reasonable ability to contribute to educational expenses through work, loans, or other sources of financial aid reasonably available to the child and each parent, and the ability of each parent to meet these expenses.
A child support order must require either parent or both parents to provide medical support for the child through health insurance coverage if the health insurance coverage is available to the parent at a reasonable cost.
Enforcing Child Support Orders
If the obligated party fails to pay the child support ordered, the non-paying parent may file a civil contempt action in the court where the child support orders were originally issued.
Child support orders may also be enforced by income withholding orders. An income withholding order requires an employer to automatically deduct the child support payment amount from obligor’s income. The court may also order interest charges of not more than one and one-half percent (1.5%) per month on delinquent child support payments.
Additionally, if a court finds that a parent is delinquent as a result of an intentional violation of an order for support, the court may issue an order suspending that person’s driving privileges or professional license.
Working With You to Support Your Child
Contact us today to schedule a free initial consultation to learn more about Indiana child support law and to discuss your case with one of our attorneys.
