Indiana law, Title 31 of the Indiana Code, places a duty for child support on parents without gender bias. Each parent is obligated to child support
“based upon their financial resources and needs, the standard of living the child would have enjoyed had the marriage not been dissolved . . ., the physical or mental condition of the child, and the child's educational needs.”
Indiana Child Support Rules and Guidelines, Adopted Effective October 1, 1989.
These Guidelines apply to all cases in which child support is calculated, including paternity actions and guardianships.
You will want to review the full text of the Guidelines and first negotiate with the other parent about child support. You may also access Indiana Courts’ Self-Service Legal online Child Support Calculator to get an estimate before or while you negotiate. Once you have an estimate or a basic understanding of the Rules, you and the other parent is the best judge to your situation. Avoiding the courts will save you money and time and preserve mutual respect for each other and foster the best environment for your child. Please remember any agreement you and the other parent have reached must also comply with the Guideline requirements. If your agreement should deviate from the Guidelines, you must tell the court why you have deviated.
Pro Se in Court:
If you cannot reach an agreement, or you have an agreement you wish for the courts to enforce, it is recommended that you hire an attorney. However, if you should wish to stand in court on your own behalf, you may enter litigation “pro se.” Before you decide to enter the courtroom “pro se,” you will want to have a basic understanding of how the courts work and what you will need to know. The Indiana Courts’ Self-Service Legal Center publishes some very helpful information online: “Representing Yourself in Court, What you should know.” Be sure to also review the Self-Service Legal Center’s information on “Preparing for Court.”
Once you have read the Guidelines and have an understanding of your rights, you will need to fill out some forms. Federal law, the Family Support Act of 1988, requires written documentation when establishing child support. To comply with this law, Indiana requires submission of a child support worksheet. Failure to submit a completed child support worksheet may result in the court refusing to approve a child support order or a delay until the worksheet is completed.
General Rules:
There are a few basic rules to keep in mind when you are completing the worksheet:
1. For purposes of child support, Indiana law considers a child emancipated if the child:
a. is age 21;
b. has joined the United States armed services;
c. is married;
d. is not under the care or control of either parent or someone else approved by the court and the child is, in fact, self-supporting; or
e. is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and is or is capable of supporting himself or herself through employment.
Please note the court must make factual findings regarding these; and your child support may continue beyond a child’s 21st birthday if the child is incapacitated.
2. Indiana uses your gross income, not your net income, to calculate your child support obligations and entitlements.
3. The Guidelines are based on the Income Shares Model. In applying the Guidelines to the worksheet, the following steps are taken:
a. The gross income of both parents is added together after certain adjustments are made. A percentage share of income for each parent is then determined.
b. The combined weekly adjusted gross income is applied to the support tables, referred to in the Indiana Guidelines as the Guideline Schedules for Weekly Support Payments, to determine the total cost of supporting a child or children.
c. Work related child care expenses and the weekly costs of health insurance premiums for the child(ren) are then added to the basic child support obligation.
What You Will Need:
Before you attempt to complete the worksheet, (or before you utilize the online calculator), you must gather the following necessary information:
1. Information for both parents regarding weekly income, childcare expenses, health insurance premiums, existing child support orders and alimony amounts.
2. If (applicable), information regarding higher education expenses and the amounts your child contributes from sources such as scholarships, loans, and savings.
3. Information about annual number of parenting time overnights exercised by the noncustodial parent.
Be sure to provide some confidential information as well for the worksheet (please note you must file one version of the document on white paper WITHOUT the confidential information included, and you must file another copy of the same document, but this time you have to print it on light green paper WITH the confidential information included):
• Social Security numbersWhen you are completing the worksheet, please remember the court will verify your reported income. This means providing one pay stub worth of information is not enough and the court will likely ask for a variety of documentations. If you are not providing information as required, you are not helping yourself to overcome the presumptions of the Guidelines. This may only delay your case or solicit a judgment against your favor.
• Bank account numbers
• Tax records
• PIN numbers
• Medical records
• Child abuse records
“This is particularly true for salesmen, professionals and others who receive commissions or bonuses, or others who have the ability to defer payments, thereby distorting the true picture of their income in the short term. When in doubt, it is suggested that income tax returns for the last two or three years be reviewed.”
Indiana Child Support Rules and Guidelines, Commentary for Guideline 3B.
Calculation Based on the Indiana Child Support Guidelines and Rules:
To help you complete the worksheet, you will want to consult section 3 of the Guideline, Determination of Child Support Amount. Please review the following subsections with respect to each line of the worksheet:
A. Definition of Weekly Gross Income.
C. Computation of Weekly Adjusted Income (Line 1E of Worksheet).
D. Basic Child Support Obligation (Worksheet Line 4).
E. Additions to the Basic Child Support Obligation.
F. Computation of Parent's Child Support Obligation (Worksheet Line 6).
G. Adjustments to Parent's Child Support Obligation (Worksheet Line 7).
You may ask the court to modify, reduce, or terminate your child support.
Modifications:
Section 4 of the Indiana Child Support Guidelines and Rules provide detailed information with regards to modification. According to the Guideline, “child support order may be modified only if there is a substantial and continuing change of circumstances.” Court will likely consider factors such as
“change in the income of the parents, the application of a parenting plan, the failure to comply with a parenting plan, or a change in the expense of child rearing specifically considered in the Guidelines."
If you wish for the court to modify your child support order, you have the burden to show two independent grounds for modifying a child support obligation:
1. a showing that there has been a substantial and continuing change of circumstances making the present order unreasonable; and
2. a showing that the order was last adjudicated at least 12 months ago and that the child support as presently computed differs by more than 20% from the existing order.
Miscellaneous:
Under the Guidelines, you may receive credits towards your child support if you are the noncustodial parent and you are providing overnight care to the child for more than 52 nights in a year. You will want to review section 6 of the Guidelines to see how you can calculate credits that may be applied toward child support.
The court will order one or both parents to provide private health care insurance when accessible to the child at a reasonable cost. So be prepared to show you either have health insurance that can cover your child, or be ready to purchase health insurance for your child. You will want to review section 7 of the Guidelines to see how you can calculate credits that may be applied towards child support.
In Indiana, in addition to ordinary educational expenses, child support may also includes Extraordinary Educational Expenses.
“Extraordinary educational expenses may be for elementary, secondary or post secondary education, and should be limited to reasonable and necessary expenses for attending private or special schools, institutions of higher learning, and trade, business or technical schools to meet the particular educational needs of the child.”
You will want to review section 8 of the Guidelines to see how you can calculate credits that may be applied towards child support.
Resources:
Full text of the Indiana Child Support Guidelines and Rules: http://www.in.gov/judiciary/rules/child_support/
“Child Support Calculator” online:
http://mycourts.in.gov/csc/parents/
“Representing Yourself in Court, What you should know,” http://www.in.gov/judiciary/selfservice/info.html
Service Legal Center’s information on “Preparing for Court” http://www.in.gov/judiciary/selfservice/prepare.html
Forms (worksheet):
Modify child support with an agreement on all issues
http://www.in.gov/judiciary/selfservice/forms/cs-mod-agree.html
Modify child support without an agreement on all issues
http://www.in.gov/judiciary/selfservice/forms/cs-mod-noagree.html
Reduce child support because my child is emancipated with an agreement on all issues
http://www.in.gov/judiciary/selfservice/forms/cs-reduce-agree.html
Reduce child support because my child is emancipated without an agreement on all issues
http://www.in.gov/judiciary/selfservice/forms/cs-reduce-noagree.html
Terminate child support because my child is emancipated with an agreement on all issues
http://www.in.gov/judiciary/selfservice/forms/cs-term-agree.html
Terminate child support because my child is emancipated without an agreement on all issues
http://www.in.gov/judiciary/selfservice/forms/cs-term-noagree.html
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