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Eskew Law’s compassionate family law attorneys are well-versed in Indiana child custody and child support law and can assist you with requesting modification or termination of a child support order. Use our guide below to learn more about how child support works in Indiana and see how our Indianapolis child support lawyers can help you prepare for your case and fight for your rights moving forward.

Defining Child Support in Indiana

Section 31-14-11-2 of the Indiana Code requires that parents “pay any reasonable amount for child support.” Usually, if the parents share joint custody, they are presumed to also share in the costs of childcare. Do not assume however this means that no support would be ordered.  If one parent spends more time with the children or if there is a noncustodial parent, the noncustodial parent will usually make payments to the custodial parent to help in financing the costs of raising a child. A child support calculation and worksheet is required in all divorce decrees with a detailed explanation as to any deviations.

Child support refers to the financial assistance that is provided by one parent to the other toward the care and upbringing of their child. Child support is typically ordered by the court as part of divorce, legal separation, paternity, or other family law proceeding involving children. Section 31-14-11-2 of the Indiana Code requires that parents “pay any reasonable amount for child support.” Usually, if the parents share joint custody, they are presumed to also share in the costs of childcare. Do not assume however this means that no support would be ordered. If one parent spends more time with the children or if there is a noncustodial parent, the noncustodial parent will usually make payments to the custodial parent to help in financing the costs of raising a child. A child support calculation and worksheet is required in all divorce decrees with a detailed explanation as to any deviations.

Indiana Child Support Guidelines: An Overview

When it comes to child support, judges follow the Indiana Child Support Guidelines for determining how much should be paid. These guidelines were put in place with the purpose of establishing an appropriate standard of support for children that is based on the financial circumstances of the parents and their ability to contribute financially to the support of their children. 

Notably, courts rarely deviate from the guidelines. However, deviation is possible under certain circumstances. 

Calculating Child Support

When the court is required to intervene and calculate child support, the court uses a calculator. The calculator looks at factors such as:

• Weekly gross income from employment and other sources of income,
• Amounts paid in child support for prior children as well as the number of subsequent children,
• Amounts paid in maintenance,
• Number of children,
• Work-related childcare expenses,
• Health care expenses
• Time spent with each parent.

When the court arrives at a figure, a child support order is entered. The parent ordered to pay child support must pay the amount set forth in the order periodically as ordered by the judge. Payments should not be made directly to the other parent but through the clearing house, known as the Indiana State Central Collections Unit, INSCCU. If the parent tasked with paying support violates the order, they may be found in contempt and penalized by the court. If there is a material change in circumstances in one of the factors used in calculating support, either parent can petition to modify the support order. The court will look to see if there’s a 20% deviation from the prior order.

Emancipation in Indiana Child Support Cases

While you are a parent for life, you are not responsible for paying child support for the entirety of your child’s life. Rather, your obligation ends when your child is emancipated. Emancipated, in the context of child support matters in Indiana, means the child is independent and parents are no longer legally required to provide for the child. While in the past, Indiana placed the emancipation age at 21, it is currently 19. This means that once the child turns 19 years old, the parent who pays support may petition to terminate support. Of course, if that parent wishes to continue paying support, they may do so according to the agreement. However, because they are not bound by law to continue, they may modify the support order and terminate their obligation.

At the age of 19, many children are still living at home or are in college. Parents often continue to pay for a child’s necessities, such as shelter or education, when the child turns 19. If you do decide to terminate the support order, you may still be required to pay for college education expenses.

If your child will be turning 19 soon and you do not want to continue paying support, you should act quickly in consulting with a family law attorney about filing a petition to emancipate and terminate the support order. It is usually best to file roughly four weeks prior to their birthday as the court may not have time to hear any contested issues until well after the 19th birthday.

In addition, if your child is 18 years of age and is no longer living in the care or custody of either parent, has married, or is an active duty member of the U.S. Armed forces, you may be able to emancipate prior to their 19th birthday

Devoted Indianapolis Family Law Attorney Eager to Help You Resolve Your Child Support Disputes

If you have encountered a child support issue, Eskew Law is here to help. Our experienced Indianapolis child support attorneys can assist you with disputing a support order, requesting emancipation, modifying the terms of an order, and a variety of other legal issues that may come up in the course of an Indiana child support matter. 

Our firm was founded more than a decade ago with the goal of helping people in the State of Indiana who are struggling with complex legal situations that they are not able to handle on their own. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule an appointment, call Eskew Law.

FAQs

Can You Modify Child Support in Indiana? 

Yes, there are situations where you may be able to modify an existing child support order. Under Indiana law, a party may ask the court to modify the amount of a child support obligation when there has been a substantial and continuing change in circumstances since the order was initially entered. Examples of a substantial and continuing change might include a significant change in one parent’s income or in the child’s needs due to increased medical expenses or educational costs. Notably, however, modification requests are not automatic and will only be granted by the court if it determines that doing so will be in the child’s best interest. 

What Do I Do If My Child’s Other Parent Is Not Complying with Their Child Support Obligations? 

If your child’s other parent is not paying their child support payments, there are a few legal avenues available to you that you can use to enforce the existing child support order. For example, you may be able to have an income withholding order (IWO) sent to an employer to obtain the amount of child support payments directly from the non-custodial parent’s paycheck. You may also be able to initiate contempt proceedings against them, which can lead to fines and even jail time. 

Do I Need an Attorney for My Child Support Case in Indiana? 

No, you do not need to hire an attorney to represent you in your Indiana child support case. If you choose to represent yourself, this is referred to as appearing “pro se.” That said, even though hiring an attorney is not required, having legal representation with legal knowledge and experience in this particular area of law can still be advantageous to your case moving forward.

Calculating Child Support

When the court is required to intervene and calculate child support, the court uses a calculator. The calculator looks at:

• Weekly gross income from employment and other sources of income
• Amounts paid in child support for prior children as well as the number of subsequent children
• Amounts paid in maintenance
• Number of children
• Work related Childcare expenses
• Health care expenses
• and time spent with each parent

When the court arrives at a figure, a child support order is entered. The parent ordered to pay child support must pay the amount set forth in the order periodically as ordered by the judge. Payments should not be made directly to the other parent but through the clearing house, known as the Indiana State Central Collections Unit, INSCCU. If the parent tasked with paying support violates the order, they may be found in contempt and penalized by the court. If there is a material change in circumstances in one of the factors used in calculating support, either parent can petition to modify the support order. The court will look to see if there’s a 20% deviation from the prior order.

Emancipation

While you are a parent for life, you are not responsible for paying child support for the entirety of your child’s life. Rather, your obligation ends when your child is emancipated. Emancipated means the child is independent and parents are no longer legally required to provide for the child. While in the past, Indiana placed the emancipation age at 21, it is currently 19. This means that once the child turns 19 years old, the parent that pays support may petition to terminate support. Of course, if that parent wishes to continue paying support, they may do so according to the agreement. However, because they are not bound by law to continue, they may modify the support order and terminate their obligation.

At the age of 19, many children are still living at home or are in college. Parents often continue to pay for a child’s necessities, such as shelter or education, when the child turns 19. If you do decide to terminate the support order, you may still be required to pay for college education expenses.

If your child will be turning 19 soon and you do not want to continue paying support, you should act quickly in consulting with a family law attorney about filing a petition to emancipate and terminate the support order. It is usually best to file roughly four weeks prior to their birthday as the court may not have time to hear any contested issues until well after the 19^th birthday.

In addition, if your child is 18 years of age and is no longer living in the care or custody of either parent, has married, or is an active duty member of the U.S. Armed forces, you may be able to emancipate prior to their 19^th birthday..

Devoted Indianapolis Family Law Attorney Eager to Help You Resolve Your Child Support Disputes

If you have encountered a child support issue, Eskew Law can assist you with disputing a support order, requesting emancipation, or modifying the terms of an order. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule an appointment, call Eskew Law at (317) 793-2325 today.