Have You or Your Ex Remarried After Your Divorce?

Indiana parents are required by law to support their children financially, so a divorce court may order a noncustodial parent to pay child support to the custodial parent. In any divorce or child support dispute, you must be advised and represented by an Indianapolis child support lawyer.

After a divorce, if either parent remarries, how will the remarriage affect the existing child support obligation? When should a parent seek a modification of the court’s child support order? And when should a parent take the matter to an Indianapolis child support attorney?

In Indiana, in the vast majority of cases, a remarriage has no effect on a parent’s child support obligation. However, in some situations, a parent may qualify to have the court’s child support order modified, particularly if that parent now has other children to support.

How Are Child Support Amounts Determined in This State?

Indiana has detailed and complicated guidelines for determining child support payment amounts. The calculation is based on the incomes of the parents, with adjustments for particular expenses. Each parent’s share of the obligation is proportionately based on their combined income.

For example, if the noncustodial parent earns sixty percent of the combined income, that parent, in most cases, will pay sixty percent of the total child support obligation, as calculated under the state’s guidelines.

However, in the Indiana courts, the child’s best interests are always the paramount and overriding priority. In any particular case, if the state’s child support calculation guidelines arrive at an amount that is unfair or inappropriate, the court may deviate from the guidelines and order a more appropriate child support payment amount.

When May a Parent Seek a Child Support Order Modification?

Either parent may seek to modify the existing child support order in the following circumstances:

  1. The parent has experienced a significant, ongoing change in his or her financial circumstances, and that change makes the existing child support order impractical or unfair.
  2. The existing court order was issued more than a year ago, and the child support payment amount is now at least twenty percent lower or higher than the amount that would result from a new calculation based on the current financial situation of the parents.

Additionally, the parent who requests a modification of the child support order must demonstrate to the court that granting the modification request will be in the best interests of the child.

Do the Children in a New Marriage Affect Child Support Orders?

When parents calculate a child support amount under Indiana’s guidelines, they may deduct their support for a new spouse’s children when they are legally obligated to support those children. Your financial support for your new spouse’s children could reduce your child support payments.

Depending on the details, a new spouse’s children may be a reason to request a modification of the court’s current child support order. And if you have a child of your own with a new spouse, that may also qualify you to modify the current order.

Will a New Spouse’s Income Affect Child Support Payments?

Indiana’s child support calculation guidelines specify what counts as income. For the purposes of child support, in the overwhelming majority of cases, the earnings and assets of a parent’s new spouse are not counted as income under the guidelines.

However, to protect the child’s best interests, the courts may consider all of the financial resources available to both parents, and if the court is compelled to deviate from the state’s guidelines, the earnings and assets of a parent’s new spouse may be taken into account.

If your ex marries a high-earning new spouse, you and your Indianapolis child support lawyer may contend that the new marriage constitutes a significant change in circumstances that requires a modification and makes the existing child support order impractical or unfair.

How is a Court Order Modified?

If you and your child’s other parent can agree on a modification of the court’s child support order, the court will probably approve that modification, provided that it does not violate Indiana law and provided that it aligns with the best interests of the child.

An Indianapolis child support attorney will prepare the legal paperwork on your behalf. However, you will need more legal assistance if your spouse opposes your request to modify the child support order. When a modification request is contested, you must have a lawyer’s help.

You should also know that a modification request could conceivably lead to an unwanted result. For example, you may think you should pay less because you have a new child, but the court could actually raise the amount of your payments if your ex has suffered a financial hardship.

How Will Your Attorney Help?

You must consider all of the factors and possible outcomes before you request a modification. Everyone’s life eventually changes, and judges understand that. However, if you need a child support modification, you must have an Indiana child support attorney’s advice and services.

Your attorney can review your case, explain to you how a court is likely to rule, and help you prepare for a modification hearing. Your attorney will accompany you to that hearing and advocate aggressively and effectively for the child support modification you need.

Why Should You Choose the Law Office of Deidra N. Haynes?

When you request the modification of a child support order – or challenge your ex-spouse’s request – the Law Office of Deidra N. Haynes is here to help. It does not matter how complicated your situation is. We will use every legal tool to help you obtain the outcome you need.

The Law Office of Deidra N. Haynes represents clients in and near Indianapolis and throughout Indiana. We handle divorces, child custody and child support disputes, paternity cases, and the enforcement and modification of court orders. We resolve the most difficult family law disputes.

To find out more about child support and child support modification, schedule a consultation now with an Indiana family law attorney at the Law Office of Deidra N. Haynes by calling 385-503-3663. We know how to fight effectively for your child’s well-being and best interests.