Indiana child support follows the Income Shares Model. This system assumes children should receive the same financial support they would have if parents stayed together. Both parents contribute to child support based on their income percentage.
The Indiana Department of Child Services works with county prosecutors to provide child support services. These services include establishing paternity, creating support orders, and collecting payments. Services are free for families who need help.
Who Pays Child Support
Usually, the custodial parent receives child support payments from the noncustodial parent. The custodial parent is the one who has the child most of the time. However, if both parents share equal parenting time, the parent with higher income may pay child support.
Support orders determine exactly who must pay child support and how much. Courts consider income, parenting time, and other factors when making these decisions.
Calculating Child Support Amounts
Indiana uses official guidelines to calculate child support. The calculation considers both parents' incomes and the number of children. Here's how it works:
First, courts add both parents' adjusted gross income together. Then they determine each parent's percentage of the total income. Using official tables, they find the basic weekly support amount for the number of children.
Next, they add costs for health insurance, childcare, and educational expenses. Each parent pays their percentage share of the total support obligation.
Income That Counts for Child Support
Indiana includes various types of income when calculating child support:
- Wages, salary, and bonuses
- Self-employment income
- Investment income
- Social Security benefits
- Unemployment benefits
- Spousal support received
The guidelines exclude need-based assistance like food stamps or Temporary Aid to Needy Families. Courts may also consider a parent's earning potential if they're voluntarily unemployed or underemployed.
Additional Expenses in Child Support
Basic child support covers housing, food, and clothing. However, Indiana child support may include additional expenses:
- Health Insurance: Parents must provide health insurance when available at reasonable cost. The cost gets added to the support calculation.
- Childcare Expenses: Work-related childcare costs are included in support calculations. The parent paying for care receives credit for these expenses.
- Educational Expenses: Courts may include private school, college, or special education costs. This requires showing the child's needs and parents' ability to pay.
Parenting Time Adjustments
Indiana provides parenting time adjustments when the paying parent has children overnight for at least 52 days per year. This credit recognizes that overnight visits create additional expenses for the noncustodial parent.
The adjustment amount depends on the exact number of overnight visits. More parenting time means larger adjustments to the support amount. However, courts ensure adjustments don't harm the custodial parent's ability to support the children.
Establishing Child Support Orders
Parents can establish child support through divorce proceedings or separate paternity cases. The process typically involves:
Filing a petition with the court or applying through the Indiana Department of Child Services. Parents must complete financial worksheets showing their income and expenses.
If paternity isn't established, genetic testing may be required. Once paternity is confirmed, courts can issue support orders.
Modifying Child Support
Support orders can be modified when circumstances change significantly. Indiana allows modifications if there's been a substantial change or if it's been at least one year and the amount would change by 20% or more.
Common reasons for modification include:
- Job loss or income changes
- Changes in parenting time
- Changes in childcare or health insurance costs
- Child turning 19 or becoming emancipated
Either parent can request modification by filing a petition with the court.
When Child Support Ends
In Indiana, child support typically ends when children turn 19 years old. This is the age of emancipation unless the child is incapacitated due to disability.
Support may continue beyond age 19 if:
- The child is still enrolled full-time in high school
- The child has a disability preventing self-support
- The court orders continued support for educational expenses
Early Emancipation
Child support can end before age 19 in certain situations. These include when the child gets married, joins active military duty, is not under either parent's care or control, or when the child is at least 18, hasn't attended school for four months, and can support themselves. Parents must petition the court to terminate support early. The court decides each case individually.
Enforcement of Support Orders
When parents don't pay child support, Indiana has several enforcement tools:
- Income Withholding: Employers must deduct support from paychecks when parents fall behind. This is often automatic for new orders.
- License Suspension: The state can suspend driver's licenses, professional licenses, or passports for non-payment.
- Asset Seizure: Courts can place liens on property, bank accounts, or tax refunds. Lottery winnings and inheritances can also be intercepted.
- Contempt of Court: Parents who don't pay support can face jail time up to 180 days. They can avoid jail by paying past-due amounts.
Making Child Support Payments
Indiana offers several payment methods:
- Automatic payroll deduction through employers
- Online payments through the state website
- Cash payments at certain retail locations
- Mailing checks to the state collection unit
All payments go through the Indiana State Central Collection Unit. This system tracks payments and distributes money to custodial parents.
Getting Help with Child Support
The Indiana Department of Child Services provides free assistance with:
- Locating missing parents
- Establishing paternity
- Creating support orders
- Collecting payments
- Modifying existing orders
County child support offices handle local cases. Each county has staff to help with questions and problems.
The Child Support Customer Service Center (KIDSLINE) provides information at 1-800-840-8757. Service is available Monday through Friday, 7 AM to 5 PM.
College and Educational Expenses
Indiana courts may order parents to pay college costs even after children turn 19. Parents or children must request this before the child's 19th birthday.
Courts consider factors like:
- Parents' income and ability to pay
- Child's academic performance
- Type of education sought
- Child's ability to contribute
These orders are separate from regular child support and require special petitions.
Tax Implications
Child support payments have specific tax rules:
- Paying parents cannot deduct child support
- Receiving parents don't report child support as income
- Only one parent can claim the child as a tax dependent
Support orders often specify which parent claims tax benefits. Parents may agree to alternate years or split multiple children.
Arrearages and Back Support
Past-due child support doesn't disappear when children reach 19. Parents remain responsible for all arrearages until paid in full.
Indiana can continue enforcement actions for unpaid support indefinitely. Interest may accrue on overdue amounts, making the total debt larger over time.
Special Circumstances in Child Support
Several special situations can affect Indiana child support calculations and requirements. Understanding these helps parents navigate complex cases.
Split Custody Arrangements
When parents have multiple children and each parent has primary custody of at least one child, this creates split custody. In these cases, courts calculate separate support obligations for each household and offset them against each other.
The parent with the higher net obligation pays the difference to the other parent. This arrangement recognizes that both parents have significant child-rearing expenses.
Shared Custody Considerations
When both parents have significant parenting time, courts may adjust support calculations. Shared custody typically means each parent has the children at least 40% of the time.
These arrangements require careful consideration of:
- Each parent's housing costs for the children
- Transportation expenses between homes
- Duplicate expenses for clothing and school supplies
- Healthcare and activity costs
Multiple Family Situations
Parents may have children from different relationships, creating complex support obligations. Indiana handles these situations by:
Calculating support for each case separately but considering existing support obligations when determining available income. Parents can't avoid current obligations by taking on new ones. Courts ensure all children receive appropriate support while recognizing parents' limited resources.
High-Income Cases
When combined parental income exceeds the guideline tables, courts have discretion in setting support amounts. These cases require individual analysis of:
- The children's actual needs and lifestyle
- Parents' ability to pay
- Reasonable expenses for the family's standard of living
High-income cases often involve additional considerations like private school costs, extracurricular activities, and travel expenses.
Low-Income Situations
Parents with very low incomes may qualify for minimum support orders rather than guideline calculations. Indiana recognizes that parents need sufficient income to maintain basic living standards.
Courts consider factors like:
- Housing costs in the parent's area
- Transportation needs for work
- Basic living expenses
- Ability to maintain employment
The goal is ensuring parents can continue working while still contributing to their children's support.
Interstate Child Support Issues
When parents live in different states, the Uniform Interstate Family Support Act governs child support matters. This creates consistent rules across state lines.
Establishing Interstate Orders
If parents live in different states, either state may establish child support orders. The state where the child lives typically has jurisdiction for new cases.
Parents don't need to travel to the other state for most proceedings. Local courts can work with out-of-state courts to handle case requirements.
Enforcing Out-of-State Orders
Indiana can enforce child support orders from other states. The enforcement tools available include the same methods used for in-state orders:
- Income withholding
- License suspension
- Asset seizure
- Tax intercepts
Similarly, other states can enforce Indiana orders against parents who move away.
Modifying Interstate Orders
Only the state that issued the original order can modify it, unless specific conditions are met. Generally, modification requires:
- All parties agreeing to the new state's jurisdiction
- The child and one parent living in the new state
- No one remaining in the original state
These rules prevent conflicting orders from different states.
Child Support and Remarriage
Remarriage affects child support in various ways, though the basic obligations usually continue unchanged.
Stepparent Income
New spouses' income typically doesn't affect existing child support calculations. Biological parents remain responsible for supporting their children regardless of remarriage.
However, stepparent income may be considered if:
- The stepparent formally adopts the children
- The stepparent's contributions significantly reduce the custodial parent's expenses
- There are extraordinary circumstances affecting the case
New Family Expenses
When parents remarry and have additional children, courts may consider these new obligations during modification proceedings. However, existing child support obligations take priority over new family expenses.
Parents can't reduce support simply by having more children. The court evaluates whether the parent's ability to pay has genuinely changed.
Medical Support Requirements
Indiana child support orders typically include medical support provisions beyond basic health insurance requirements.
Health Insurance Obligations
Courts determine which parent must provide health insurance based on:
- Availability through employment
- Cost of coverage
- Quality of available plans
- Geographic accessibility to providers
If neither parent has reasonable access to employer-provided insurance, courts may order parents to purchase private coverage or pay additional cash support for medical expenses.
Uninsured Medical Expenses
Support orders usually specify how parents split uninsured medical costs. Common arrangements include:
- Proportional sharing based on income percentages
- One parent paying all expenses up to a certain amount
- Splitting costs equally after insurance payments
These provisions cover expenses like:
- Deductibles and copayments
- Dental and vision care
- Mental health services
- Prescription medications
Special Medical Needs
Children with chronic illnesses or disabilities may require additional medical support. Courts can order parents to pay for:
- Specialized treatments and therapies
- Medical equipment and supplies
- Transportation to medical appointments
- Attendant care services
These orders often continue beyond the normal child support termination age when children remain dependent due to disabilities.
Working with Attorneys
While parents can handle simple child support cases themselves, complex situations may require legal help. Consider hiring an attorney when:
- Income calculations are complicated
- Parenting time is disputed
- Educational expenses are involved
- Enforcement problems arise
- Interstate issues are present
- Special circumstances affect the case
Attorneys understand Indiana child support guidelines and can protect your interests during negotiations or court proceedings.
Choosing the Right Attorney
Look for lawyers with specific experience in family law and child support cases. Important qualifications include:
- Knowledge of Indiana guidelines and procedures
- Experience with your type of case
- Good communication and responsiveness
- Reasonable fee structure
Many attorneys offer initial consultations to discuss your case and explain the legal process.
Legal Aid Resources
Low-income parents may qualify for free legal assistance through:
- Indiana Legal Services
- Local bar association programs
- Law school clinics
- Pro bono attorney programs
These resources help ensure all parents have access to legal representation when needed.
Record Keeping and Documentation
Maintaining good records is essential for child support cases. Important documents include:
Financial Records
Keep detailed records of:
- Pay stubs and tax returns
- Bank statements and investment accounts
- Business income and expenses
- Benefits and other income sources
These documents support income calculations and modification requests.
Payment Records
Document all child support payments made or received:
- Official payment receipts
- Bank records of transactions
- Money order copies
- Direct deposit records
Good payment records protect against disputes and help track compliance with support orders.
Expense Documentation
Keep receipts and records for:
- Childcare expenses
- Medical costs
- Educational expenses
- Extraordinary child-related costs
This documentation supports requests for expense reimbursement or support modifications.
Remember that child support is about ensuring children's welfare and stability. The system provides tools for enforcement and modification to adapt to changing circumstances while maintaining parents' responsibilities to their children.