Published in Family Law by Yasmin Abdelhak Barker on January 25, 2024.
At Eskew Law, our team of dedicated attorneys is committed to keeping our clients and community informed about the most recent changes to family law.
As we start the new year, we want to share the latest family law legislative changes effective as of January 1, 2024. This article will outline these changes and explain their potential impact on families.
Amended Indiana Child Support Guidelines
Changes to the Indiana Child Support Guidelines for 2024 have been established and implemented as of January 1, 2024. These updates are substantial and exemplify a significant adjustment in the methodology used for determining child support, as well as adapting a deeper understanding of the economic realities that families face in Indiana.
Calculating parenting time credit
The updated guidelines include an analysis for families where a noncustodial parent might exercise a varying number of overnights with multiple children. This change recognizes the dynamics of modern families and provides a safeguard that the child support system accurately accounts for parenting time.
Revisions to weekly support schedules
The revised weekly support schedule reflects more current costs associated with raising children. This is estimated to raise weekly child support payments by 4% – 22%, based on various income brackets, except for those who fall under the low-income adjustment. That said, these are estimates, and you should consult with a family law attorney to determine the potential for a level of support.
Removal of the 6% Rule
This is perhaps one of the bigger changes in the new Guidelines. The 6% rule previously required the designated custodial parent to pay a certain threshold amount of uninsured health care expenses each year before pro-rating allocation of remaining uninsured medical expenses.
The Indiana Judicial Conference Domestic Relations Committee eliminated the 6% rule as it was based on an outdated model that estimated uninsured healthcare expenses to be 6% of the standard child support obligation. Under the new Guidelines, the parents share responsibility for uninsured healthcare expenses in proportion to their incomes. Said differently, there is no longer a threshold amount that must first be applied before uninsured medical expenses are split between the parents.
Child Support Obligation Worksheets and Deviations by Agreement
This revision prioritizes the requirement of filing a child support obligation worksheet along with party agreements and including it in the court’s record. Additionally, deviations from the recommended amount on the worksheet must be supported by an explanation of their agreement with the deviation.
This update serves to ensure that the court has a record of why a deviation is being used and that the child is receiving adequate financial support.
Court-ordered Expenses in Pregnancy and Childbirth
This legislative update specifies what a court can order a father to pay regarding pregnancy, childbirth, and postpartum expenses.
It is important to note that upon the establishment of paternity, the Guidelines mandate the court to order a father to pay at least 50% of reasonable expenses of the mother’s pregnancy and childbirth. Such expenses can include postpartum and postnatal expenses, as well as other necessary and reasonable expenses incurred in connection with the child(ren)’s birth.
Contact Eskew Law
If you’re dealing with child custody disputes, custody modification, establishing paternity, adoption, or any other family law matter, Eskew Law can help. Our team of knowledgeable attorneys is experienced in these matters and has a deep understanding of Indiana law. Call us at 317-974-0177 to connect with us and schedule a consultation today.
