Determining appropriate child support is often a key component in many divorce and family law cases. Once it is determined how the parties will share custody of the child(ren), it becomes necessary to look at how the child(ren) will be supported. In Indiana, the Indiana Child Support Rules and Guidelines (herein, Guidelines) provide the framework for determining child support1.
Child support calculations are made by utilizing a formula, and there is a worksheet that allows parents to input numbers to be calculated by the child support formula2. However, what numbers are used and why?
The first number needed is the gross weekly ... Read More
Tag: indiana child support
15
Oct2013
12
Sep2013
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 ... Read More
19
Apr2012
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 ... Read More
13
Mar2012
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. ... Read More
08
Nov2011
Child support is often a point of discord among parties: the payor claims he or she cannot afford to pay the presumptive amount computed and determined by the Indiana Child Support Rules and Guidelines (viz-a-vie its Child Support Calculator); the recipient argues that the support does not maintain the children’s lifestyle, as it would have been, if the parties were married or had remained married.
It is not much easier for the bench and bar and litigants on less contentious legal issues because child support is the subject of numerous state and federal statutes, rules and regulations. In fact, the interplay, ... Read More
23
Aug2011
With a long-existing Indianapolis divorce practice, Ciyou & Dixon, P.C. attorneys have observed four common life changes that parents with children encounter after they are divorced that they do not understand may require legal action. Some of the emotional, financial consequences, and impact on life can be limited with identifying the issues. We hope this helps.
Significant Change in Income or Job Loss.
Domestic court judges are given very broad discretion to do what is fair (equitable). However, all legal authority has constraints in order to keep if from becoming arbitrary or unequally applied.
One situation, in which the trial court has limited, ... Read More
21
Jun2011
Is it true a custodial parent can be ordered to pay the non-custodial parent child support?
At Ciyou & Dixon, P.C. we field a wide array of child support questions. These range from advising clients about collecting large child support arrearages to what to do with erratic income as a parent-payor.
Most of these issues are ones the general legal consumer will never encounter, and which are frankly, not that interesting and downright boring. There are exceptions. One is “negative” child support.
This is where the custodial parent (the parent who has the children the majority of time) might have to pay ... Read More
15
Apr2011
"We love each other, but are not married and want to make sure we do it right and give our baby the dad’s name."
At Ciyou & Dixon, we have handled virtually every type of Indiana paternity case, from the straightforward in establishing paternity to the novel and unusual, such as challenging DNA results. The area is fairly technical since the legal system evolved around the traditional model of a married man and wife and family, and child born in wedlock.
For this reason, the father of the child has no legal rights or obligations (unlike the father of a child born ... Read More