How Can Parents’ Expenses and Financial Situations Affect Their Child Support Orders?

Indiana’s child support calculations account for some specific parental expenses as part of a comprehensive approach to determining fair support obligations. By factoring in various costs and adjustments, the state aims to balance the child’s needs with the financial realities of both parents. However, no two families are the same, and certain circumstances could substantially impact the determination of your final child support order. By consulting with a skilled Indiana child support attorney, you can gain insight into how the state’s calculations could impact your child support payments and what you can do if you believe the support amount is inappropriate or needs to be modified.

What is the Legal Basis For Indiana Child Support Orders?

State law stipulates that child support orders must be based on the Indiana Child Support Rules and Guidelines adopted by the Indiana Supreme Court. These guidelines use an Income Shares Model, which is predicated on the concept that children should receive the same proportion of parental income they would have received if their parents lived together. The guidelines consider both parents’ gross weekly income, adjustments for certain expenses, and the number of children involved. The court does possess some leeway to deviate from the guidelines in special situations if it believes the circumstances warrant it.

How Are Child Support Payments Determined?

When calculating child support, Indiana considers various living expenses that may impact a parent’s ability to pay. These expenses are factored into the determination of each parent’s weekly adjusted income. According to the Indiana Child Support Rules and Guidelines, some of the costs that may lead to an adjustment in available income include:

  • Subsequent-born or legally adopted children: Parents may receive an adjustment for children born or adopted after the child for whom support is being calculated
  • Court orders for prior-born children: Existing child support obligations for children from previous relationships are taken into account
  • Legal duty of support for prior-born children when no court order exists: Even without a formal court order, parents may receive consideration for children they are legally obligated to support
  • Alimony or maintenance payments: Ongoing court-ordered spousal support obligations may be factored into the calculation

The process of calculating child support in Indiana involves several steps. First, each parent’s weekly gross income is determined, which includes wages, salaries, commissions, bonuses, dividend income, and other sources. Next, adjustments are made for the aforementioned circumstances and expenses to arrive at the weekly adjusted income. The basic child support obligation is then determined using the Indiana Child Support Guideline Schedules, which provide a standard amount based on both parents’ combined adjusted weekly income and the number of children. This standard amount may be adjusted yearly to account for inflation and other factors.

Can Any Other Situations Impact the Calculation of Child Support?

Child support is meant to ensure that the financial responsibility of raising a child is fairly split between both parents. By ordering a reasonable amount of support, the court aims to make certain that the child’s well-being will be protected. However, each child and their circumstances are different. For example, some children may have medical issues that require specialized care. Additional costs may be added to the basic child support obligation to cover extra needs the child may currently have, such as:

  • Work-related childcare expenses
  • Cost of health insurance for the children
  • Extraordinary health care expenses
  • Extraordinary educational costs

The total child support obligation is then divided between the parents based on their proportional share of the combined weekly adjusted income. Finally, adjustments may be made for parenting time credit, which considers the amount of time each parent spends with the child.

Why is it Vital to Consult a Knowledgeable Lawyer to Discuss Your Child Support Case?

As a parent, figuring out how much you will owe or receive in child support payments can be stressful and overwhelming. It is important to note that while various versions of child support calculators are available online for estimating payments, they should not be relied upon as a substitute for professional legal advice. The complexity of child support calculations and the potential for deviations from the guidelines make it crucial to consult with an experienced Indiana child support attorney.

Your attorney can provide helpful guidance when dealing with child support matters, such as:

  • Accurate income determination: Lawyers can help ensure that all sources of income are correctly accounted for, including self-employment income, in-kind payments, and potential income for unemployed or underemployed parents
  • Proper consideration of expenses: Attorneys can advocate for appropriate consideration of living expenses and other factors that may impact the support calculation
  • Deviation arguments: In cases where the guideline amount may be inappropriate, an attorney can present compelling arguments for deviating from the standard calculation
  • Modification assistance: If circumstances change, such as job loss, illness, or changes in parenting time, a lawyer can help petition for a modification of the existing support order
  • Enforcement and collection: In cases where support payments are not being made, an attorney can assist with enforcement actions and work with the Indiana Department of Child Services to collect overdue payments

How Can Our Law Firm Advocate for Your Family’s Interests?

Indiana’s child support calculations take into account a wide range of information, including parental living expenses, in an effort to create a fair and equitable support order. The state’s child support guidelines are designed to balance the child’s unique needs with the financial capabilities of both parents. However, the intricacy of the court’s calculations and the potential for case-specific exceptions can make it essential to work with a qualified Indiana child support attorney who can help you reach the best possible outcome for your situation. 

An experienced lawyer from The Law Office of Deidra Haynes can ensure that all relevant factors are properly accounted for, argue for appropriate deviations when necessary, and guide you through the often challenging process of establishing, modifying, or enforcing child support orders. Contact our law firm today at 317-785-1832 to discuss your legal questions and learn how we can assist you.