In divorce and paternity cases, there are numerous state and federal laws requiring parents to pay child support for their children, and about as many laws for enforcement of court- order support obligations. In fact, failure to pay child support may cause legal penalties against you, ranging from losing a professional license to being found in contempt of court and ordered to jail. This blog covers four simple ways to avoid a child support arrearage and its legal consequences. First, some parents pay child support directly to the other parent. This is always a mistake. Child support not paid through the ...
Tag: child support obligation
December 28, 2017CD
Custody is initially determined by the courts in divorce or paternity by considering statutory factors, including the age of the child, his/her adjustment to their home, school, community, and the mental and physical health of all individuals involved.1 In this situation, there is no preference for either parent. Psychologically and socially, children need stability so custody is not as easy to modify. However, custody can be modified by a court upon a showing of substantial change in the initial custody factors, and that a modification would be in the child’s best interests.2 There are numerous reasons why parents seek to modify ...
December 26, 2017CD
When determining an amount for a party’s child support obligation, a formula is used. It addresses expenses such as health insurance premiums for the children, daycare, and overnight parenting time credit. But, what number is used as a party’s “income”? Income for child support purposes is weekly gross income. Gross weekly income is defined as follows by the Indiana Child Support Guidelines: “actual weekly gross income of the parent if employed to full capacity, potential income if unemployed or underemployed, and imputed income based upon "in‑kind" benefits.”1 The Guidelines go on to offer other clarifications and included income. What all is included ...
July 31, 2014CD
There is no doubt the divorce process is long, stressful, and expensive, so when it is final, and you can start to move forward with your life, it’s easy to lose track of many important documents and considerations. Many attorneys will withdraw from your case after the final order is issued, because, for all intents and purposes, the scope of what you retained them to do is complete. However, and especially if you have children with your now ex-spouse, there are many things to remember and keep track of. 1) Keep a copy of your final divorce decree and know where ...
June 24, 2014CD
Previous blog posts have explored several subparts and nuances of the amended statute on emancipation for purposes of child support1, passed in July, 2012. However, a recent amendment and additional terms have been added to the statute, retroactive to July 1, 2012, which clarify when college expenses can be petitioned for. Recently, the Indiana Court of Appeals addressed a case involving a dismissal of a father’s petition for postsecondary educational expenses for the daughter of the parties2. In this case, the parties had two (2) daughters. The parties divorced in 2001, and no provision was included regarding college expenses. The parties ...
September 12, 2013CD
As a general rule, in matters where child custody and child support are at issue, the Court will grant parents joint or sole custody and Order an obligation for child support to be paid. Often, the Indiana Parenting Time Guidelines (IPTG)1 are used as a baseline for determining parenting time for the non-custodial parent. For older children, IPTG parenting time for non-custodial parents is a midweek time and every other weekend. However, as the IPTGs state, they are only a guide/model, and parents should work together to determine the best parenting time division in the best interests of their Children. This ...
July 16, 2013CD
In either divorce, or paternity cases, often the non-custodial parent is ordered to pay some amount of child support to the custodial parent. The actual weekly amount ordered depends on several variables, such as the relative income of both parents and the number of overnight visits the noncustodial parent has been ordered to receive. But what happens when the parent ordered to pay support just does not pay? There may be several reasons why, such as loss of income due to losing a job1, but what if, despite having a paying job and/or income, the parent who is obligated to pay ...
October 2, 2012CD
When child support is calculated, there are a number of factors that are included or excluded based on certain formulas and rules. For example, and common, in determining the amount of child support paid, parents get credit for subsequent children, health insurance payments for the child(ren), and the number of overnights they have the child(ren). However, there are often many complex mixed fact/legal variables and questions in determining and arising in reaching the proper amount of support to be paid. For example, how do parents include bonuses that are irregular or Social Security benefits that they receive? These variables are explored ...
June 5, 2012CD
During a divorce or separation proceeding the issues of custody, parenting time and child support are determined, if not by an agreement approved by the court, than after a hearing. Child support is the duty of both parents. In practice, child support is generally paid by the parent who does not have physical custody (non-custodial) to the parent who was awarded physical custody. This occurs because the noncustodial parent is typically awarded parenting time and given a credit against his or her child support obligation. In addition, there is a presumption against “negative” child support, meaning the custodial parent pays the non-custodial ...
April 19, 2012CD
Child Support to End At Age 19!! A near universal we observe is that child support is an issue that is contentious: the payor argues it is not enough to take care of the child and the payee too much support for him/her to live a decent lifestyle. And child support is applicable to almost every paternity and divorce action in which children are involved (Indiana Child Support Rule 2 (Presumption)). Precisely, the Indiana Child Support Rules and Guidelines, with foundational support in Indiana (and federal) statutes, help parties determine how much to pay, when to pay, and when to stop paying. ...
March 13, 2012CD