Both parents are required to provide support, but the "noncustodial parent" the parent who does not live with the child as often as a custodial parent is typically responsible for a larger amount and, therefore, the one that makes a payment.
If a noncustodial parent doesn't keep up with a child support obligation, it becomes past due, which courts call an " arrearage. For cases not using the Title IV-D program, the court may require payment through the clerk of the court or issue an income withholding order, which directs the paying parent's employer to deduct child support from the parent's wages and forward it to the court. Code Ann. Indiana bases child support on a system of guidelines that uses weekly gross income as its basis.
The court verifies all income via government wage match information, and parents are required to submit worksheets setting forth all their income and expenses. Means-tested public assistance is not considered income for purposes of calculating gross weekly income. This official Indiana child support calculator enables parents and officials to determine how much each parent should pay to support a child, and the Indiana Child Support Bureau also offers several helpful resources.
If you are a noncustodial parent and you can't afford to pay your existing child support obligation, you can ask the court to change it. It's common for a paying parent to request a modification after changing or losing jobs, due to severe illness, the birth of another child, or another significant reason. To request a modification, the paying parent must file a formal request with the court that issued the original order. If the court permits a modification, it's important to understand that the modification is not retroactive, meaning you're responsible for the existing court-ordered support until the judge orders a new amount.
Similarly, if you are a custodial parent and you believe the noncustodial parent is not paying enough, you may also go to court and ask for a modification as soon as possible. To get a child support order increased or decreased , you must prove either:. In Indiana, the court bundles the cost of a child's medical care into the overall child support order. Judges are required to order one or both parents to provide private health care insurance if it's available at a reasonable cost.
If parents can't afford private medical coverage, they are required to pay cash for medical support. If parents are unmarried when their child is born, Indiana law requires judges to order fathers to pay a percentage of the mother's "costs of confinement" that is, the reasonable and necessary expenses of the mother's pregnancy and childbirth.
Child support covers the day-to-day living like food, clothing, and housing and medical expenses of children. Additionally, Indiana child support can also cover reasonable and necessary costs for attending private or special schools, institutions of higher learning, and trade, business, or technical schools to meet the child's particular educational needs.
The Indiana child support guidelines do not take "optional" expenses such as summer camp, sporting leagues, or scouting activities into account. Please remember that you should file a Petition to Emancipate in order to officially have your child declared emancipated and modify your Indiana child support order.
Your child support will not be modified by the court unless you request that the court does so. Regarding college expense contributions, the new Indiana child support law requires children and parents to petition the court for contributions of college expenses from the non-custodial parent before the child turns This, however, will NOT impact children who are age 19 or older when the new law takes effect.
The law allows for children who are 19 prior to July to petition the court for college expenses until they reach age For all children under age 19 at the time the law is enacted, the child or either parent must file a petition with the court requesting contributions from the parents for college expenses before age 19, or they will lose their ability to request those contributions from the parents.
Thus, it is important for any parent with a child approaching college age to think now about how they are able to pay for college, and discuss their options with an attorney in order to plan accordingly.
Previously, parents and children could petition the court for contribution to college expenses until the child reached age If the parents and children cannot agree on a solution, either parent or the child may file a petition with the court to determine the division of post-secondary education expenses. Even if you do agree with the other party on how to divide college expenses, it is important to file the agreement with the court, in case either party decides to revoke their informal agreement.
If the informal agreement is revoked, and the child is over age 19, you cannot pursue contribution to college expenses moving forward under the new law. In summary, the new law changes the age of emancipation to age 19 for child support orders in effect after July 1, , and also requires children under age 19 to request contribution for college expenses through the court by the time they reach age 19 if they want their parents to be obligated to contribute to those expenses.
The change in Indiana child support payments may be minimal on a weekly basis, but the amount saved can add up over a two-year period. With proper planning, the provisions of the new law regarding payment of post-secondary education expenses can help families look ahead on college costs, avoiding one party seeking retroactive contribution to college expenses from the other party, and thereby allow all parties involved to pay for those expenses as they arise for the minor child pursuant to whatever order or agreement they reach regarding those expenses.
At what age is a parent no longer financially responsible for child support payments? Under the new child support law in Indiana, the parent is no longer responsible for child support payments after the child turns Do you still have to pay child support if the child goes to college?
You will not have to pay child support to the custodial parent or child after the child turns 19, even if that child is in college. This website is designed for general information only, and does not consitute legal advice nor the formation of an attorney-client relationship. Copyright Haggerty, Haggerty and Maschmeyer. All Rights Reserved. Website Design by Esquire Interactive.
Free Consult How do I stop child support when my children are grown or emancipated? Indiana law provides the following with respect to the termination of child support: Termination of child support; emancipation; petition for educational needs Sec.
0コメント