Indiana Child Support Legal Questions

The short answer is "no".  The issue of any adoption is not a matter before the court enforcing the support orders.  For the Court to hear a matter the issue must have been pleaded beforehand.  Indiana is a "notice pleading" state.  Adoption would be a separate case. Also, suggesting that Dad terminate his parental rights is often viewed very negitavely by the Court.  Nonpayment of support does not impact a parent's ability to have parenting time with their children - see the Indiana Parenting Time and Child Support Gudelines. If you are interested in pursuing an adoption, you should seek a consulttion with an attorney in your county who does adoptions and properly notice Father of your Petition.  Any child support order would stop after any Decree of Adoption is issued, but Dad would still owe all child support before then.  Also, if the State is owed any funds under the support order, you may not have any say in that part of the collection process.... Read More

There's a lot going on here.  It sounds like both of you live in different states, so the first thing to address is where your court order is.  That state controls how child support is calculated and enforced, but that state can move the order to a different state for support enforcement.  In Indiana, Social Security disability benefits can impact child support obligations depending upon the kind of benefit received.  See Indiana Child Support Guidelines 3F.  https://www.in.gov/courts/rules/child_support/#g6 If you have a support order, then in all likelihood you also have a paternity order or dissolution decree.  At some point, paternity of the child would have been either assumed or determined.  If a court has found you to be the father of this child, there are only a few very limited ways to contest paternity, and they usually involve a claim made by the actual biological parent.   The time to contest paternity has probably long passed.   This question is complicated and I would strongly recommend seeking the advice of an attorney in your state before your next hearing.... Read More

If both of you adopted a child and you were never married, then you would file a paternity action in court.  You would include the information about the adoption in the Petition.  The court would take judicial notice of the adoption.  The court would then decide issues regarding the child including child support, parenting time, custody, cost of extracurricular activities, how the tax exemption would be divided, payment of uninsured medical expenses, schooling, etc.  It is also possible to reach an agreement regarding these issues, but I would be very careful to have that agreement in writing and submitted to the court so that no one could change their mind.  It is also important if you want the court to enforce the agreement.   You may want to calculate what your child support would be.  I suggest that you go to http://www.in.gov/judiciary/2625.htm and you can calculate what your child support would be.  I do not know how old your child is, but another issue to consider is the cost of college.  Please understand that you will not be able to get child support prior to the time that you filed your Petition.  A court may not make the child support retroactive to before the time that you file your Petition.   In calculating the child support, only use the income of you and the child's father, do not include other family members.    ... Read More

The equipment needed to participate in band at school would be considered an extracurricular activity.  Whether you would have to pay half of that cost would be determined by the wording in your court order.  If order requires that the parents agree on the activity, then the court would look to whether the parents agreed.  Is the cost reasonable considering the income of the parties?  Is the extracurricular activity reasonable considering the desires of the child, child's grades, cost, time committment, etc.? As a general rule, if the order requires that you pay half of extracurricular activities, then the instrument (whether it came from a school or music store), you would be required to pay half of that cost.  ... Read More

In Indiana, child support is calculated by an equation, which includes the income of both parents, cost of medical insurance and child care for the child, overnights with each parents, and a number of other factors. For parenting time, Indiana has an extensive set of parenting time guidelines which delineate the time spent by the non custodial parent.     Both the child support calculator and the parenting time guidelines can be found online on the Indiana Supreme court website.   However, this is a very complicated area of the law, and decisions that are made early on will follow you through the child's post secondary education.   An attorney is recommended.   I wish you all the best... Read More

Generally, no.  There is strong case law authority that you would be entitled to a credit against the amount of child support you owed.  The problem that you are facing is that you have to be able to prove what you paid.  That can be kind of tricky and one of the reasons I always advise my clients to pay through the Clerk of the Court because it makes a record that the Court can take judicial notice of.  ... Read More

There was a change recently to the child supprot statutes that addressed the tax exemption issue.  The new law requires that a non-custodial parent be 95% current for the year in which they are claiming the exemption, and they have until January 31, not December 31, to be current.  In your instance you have a decree that says he has to be current on child support.  If there is no other language in the decree and the order or decree has not been modififed, then it is simply put that he has to be current on child support to claim the exemption.... Read More

If the divorce decree in Indiana addressed the issue of the children, then you could simply for a modification in the divorce decree to address support.  If however, it was never addressed you may need file where the non-custodial parent is located.  If that is the case, then I would highly recommend you utilize the services of a child support office as they have great interstate procedures set up to assist with getting support established in another state.... Read More

If it is under 30 days since the court made a ruling and not all of the evidence was presented you could try to submit what is called a Motion to Correct Errors.  If it has been more than 30 days since the ruling and you knew about the hearing, but did not file a Motion to Continue, then you may be stuck with the decision.  The first thing you need to do is to get a copy of the Court Order to determine what exactly happened and what numbers where used in modifying child support.  After, that you should try to set up a consultation with an attorney to see if this is something that can be undone. ... Read More

There is a general principle under Indiana law that does not allow for retroactive modification of child support (this includes arrears currently owed).  You should notify the Court, through the filing of a child support modification, that you are attempting to receive SSI.  There is a website called the Indiana Self Service Legal Center where you can obtain the necessary forms for filing a modification of child support. ... Read More

Your support will be based on several things.  For instance if there is extended overnight visitation the non-custodial parent will get a credit on the worksheet.  As for your income, it really depends.  Some IV-D offices (child support offices) will impute people at a minimum wage number ($290 a week) and some will use $104 (half of the poverty guidelines).  Your order could likely be really low $20 or so a week or up to $50 or so per week.  This is assuming that there is only one child.  Indiana has an online child support calculator that you can use to help you figure this number out.  Just Google, "Indiana child support calculator" and that should get you there. ... Read More

If the case has two children then it is likely that the child support is an engross order.  For example, let's say that a case has two children and the child support is set at a $100.  Just because one child turns 19, the order doesn't automatically change to $50.  Instead a modification would have to be filed and the court would determine whether a new child support amount should be set because now the case only has one child. ... Read More

Calculating child support in Indiana does take into consideration situations where the parties share physical custodial.  If the incomes are similar then it is likely that any support ordered or recommended it would be minimal, but if there is a difference in the income amounts then there would likely be a child support order.   ... Read More

If a Title IV-D Child Support Office is involved in your case there is a statute that allows for them to take an additional amount per week depending on the amount of money you may owe for back support.  The statute is I.C. 31-16-15-2.5 that spells out the additional amounts the Title IV-D office can take. ... Read More

You asked this question a while back, but the law changed recently to change the age of emancipation to 19.  There is still a provision for college expenses that can be allowed under the law.  You may need to file a Petition so that you can terminate any Income Withholding Order that is currently active. ... Read More

You don't necessarily need an attorney to draw up the agreement.  I think before you give up $12,000+ in arrearage (which technically isn't allowed under Indiana law) you should at least consult with an attorney.  Many attorneys will offer a consultation for a reduced fee and that way you can at least understand what you are agreeing to.   ... Read More

Indiana has a statute that allows for a child support office (Title IV-D) to add an additional amount on any income withholding sent out from their office if there is an arrearage owed.  The amount they can withhold will depend on the amount of arrearage owed.  Also, the Court will likely order an arrearage amount to be paid as well.  So the amount will very depending on whether or not the Court orders an amount to be withheld and the child support office involvement in your case. ... Read More