How Child Support is Determined in Indiana
In Indiana, the Income Shares Model is used for child support determinations where both parents bear the responsibility for making a fair amount of contribution. Generally, the non-custodial parent – the one with the less amount of parenting time – pays child support to the custodial parent – the one with whom the child(ren) lives and spends the major portion of parenting time. Indiana laws consider that since the custodial parent is taking care of the child(ren) for the most part, they should receive child support payments so that they can use it directly on meeting their basic needs and wants.
Child support is based on statutory guidelines available in Indiana Code that are designed to fulfill the mental, physical, and educational needs of the child(ren), while taking into account the financial situation of both parents. The basic calculation is done with the help of a Child Support Obligation Worksheet that allows courts to estimate the share of child support contribution of each parent.
Factors Considered for Child Support Calculations
According to I.C. 31-16-6-1, a family law court cat can order one or both parents to pay a certain amount of child support. Aside from the obligation worksheet, courts must consider several factors, such as:
- The financial resources of the custodial and non-custodial parent
- The mental, physical, and educational needs of the child(ren)
- The standard of living to which the child is accustomed to during the course of the marriage
The purpose of taking these factors into account is to reach a figure that meticulously meets the needs of the child, as they were when everyone lived together as a single household.
Calculation of Child Support Payments
The child support guidelines of Indiana Code take into account gross weekly income of each parent before arriving to an adjusted weekly income. While most states use net income in child support, Indiana’s income shares model use gross income which includes wages or salary, dividend payments, rental incomes, Social Security benefits, royalties, and all other sources. Imputed income, such as free meals or housing, access to a company car, fuel benefits, and others that may reduce the daily expenses. A court may also consider potential income – meaning, the capability of a parent to earn when they have no money.
After finalizing the adjusted weekly income of both parents, the court uses a Child Support Obligation Worksheet for determining an exact figure for child support. In some cases, a non-custodial parent may not have to pay child support, such as they are incarcerated, have mental illness, disability, or have another child with some form of disability.
Ending Child Support
When the child becomes of the legal age, i.e. turns 19, or becomes emancipated, child support payments are discontinued. Mostly, emancipation takes place when a child joins military, gets married, or by court order. However, the child support period can be extended through a court order under special circumstances.
Whether you are going through a divorce or facing legal issues with child support payments with your spouse, you can rely on Michael Ghost to help you with your situation. contact The Ghosh Law Office, LLC today at (317) 572-8571 to discuss your case.
