What Difference Can Child Support Make for a Single Parent?

When one parent is assigned primary physical custody of the children, the other parent is likely to be ordered to pay child support to the parent with whom the children will live. Whether the parent with custody works full-time, part-time, or stays home with the children, the child support payments are likely to make an enormous difference in their ability to care for the children and provide them with the necessities of life. Without child support payments, it’s possible that many children would fall into poverty, which no parent wants for their child.

In Indiana, child support payments can be used for anything that supports raising the child like when the parents were married and living together. The payments will be used for necessities, including food, clothing, medical care, and shelter. It can also be used for toys and educational costs, including private school tuition. However, it’s not meant to be used for things like summer camps or school trips. The parents will likely need to work those out as the situations arise.

When Does Child Support End?

In Indiana, once the child reaches the age of 19, they’re automatically no longer covered by child support payments. However, there are some exceptions to this.

  • The child enters the military on active duty.
  • The child has not attended any type of educational institution for a minimum of four months, is not enrolled in any school, and either is already supporting themselves or has the ability to do so. In this case, one of the parents can apply for the child support to be terminated.
  • The child is no longer cared for either by a parent or a court-ordered agency.
  • Child support can be extended past 19 if an educational support request is filed with the court before they turn 19, notifying the court that the child is still in school.
    The child is mentally or physically incapacitated in some way. This may lead to the child support payments continuing indefinitely and possibly for the life of the parent.

How Is Child Support Calculated in Indiana?

When the court begins to calculate child support, it looks at a number of variables mandated by the Indiana Child Support Rules and Guidelines.

  • How many children do the parents have
  • How much each parent’s gross income is
  • If spousal support is involved
  • Health insurance costs for the children
  • Whether either parent has prior child support obligations from a former family
  • Childcare costs (for childcare used because the parent with physical custody works outside the home)
  • How many overnights each parent has with the children

While this may sound straightforward, it’s usually very complicated, with numerous sub-issues and nuances that come into play. When going through divorce proceedings and negotiating child custody and support, it’s crucial to work with an attorney who’s experienced in both custody and support.

Note that once child support is finalized by the court, it’s legally binding. But that doesn’t mean there’s no legal option to modify it. The court will consider changing the amount in the future if there are material changes to either parent’s life, including an increase or decrease in income, new expenses (such as medical) for the child, or if either parent begins a new family.

What if the Parent Who Pays Support Falls Behind on Payments?

This can be a delicate situation. The parent who has physical custody needs the payments for the children’s upbringing. But besides that, it’s also a legal issue–once the court has ordered one parent make those payments to the other, it’s legally binding. To not keep up with the payments violates the law.

There are times when something unexpected happens to the parent who’s supposed to pay. For example, if they lose their job or are in a terrible accident and have to take unpaid time off from work. However, simply not paying is still not an acceptable action; they should petition the court for a change to the child support order because of the new circumstances.

If the parent isn’t paying for unknown reasons and hasn’t experienced a significant life change, this can quickly escalate into increased tension and anger between the parents. When possible, negotiating with the parent who’s behind to develop a plan to catch up and fully repay is potentially the easiest and quickest approach.

That doesn’t always work. In those cases, it’s highly advisable to bring in an experienced child support attorney who can take the case back to court. If the court finds that the paying parent has no justification for not paying, the court can take several steps. It can seize assets, garnish wages, and even revoke things like driver’s licenses. It can also find the paying parent in contempt of court, which can lead to fines and even jail time.

What Should I Do if I Need Assistance with Child Support Payments?

Call the Law Office of Deidra Haynes as soon as possible at 317-785-1832 to get started. We’ll walk through the specifics of your case to determine what steps should be taken. Our experienced, knowledgeable child support attorneys understand how vital child custody payments are in helping you provide for your children. We also understand how stressful single parenting can be, especially if there are issues with receiving child support in full and on time. Call us to see how we may be able to help you.