- 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 outlined 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.
Here’s a closer look at all the factors the courts consider.
Income
Courts look at the gross income and total earnings of both of a child’s parents. They also consider all income sources, including wages, bonuses, salaries, pensions, dividends, disability benefits, and tips. After considering gross income, courts calculate deductions, such as for health insurance and taxes, to arrive at each parent’s adjusted income.
Parenting Time
Courts look at which parent has primary custody. If the parents share physical custody, courts examine the parenting plan to determine where the child spends most of their time. The more time a child spends at one parent’s house, the more likely it is that the court will reduce that parent’s financial obligation.
Childcare and Medical needs
Courts consider the cost of outside childcare, including daycare, schooling, or work-related childcare. Courts also look at how much health insurance and medical expenses cost.
Even though Indianapolis courts use a standard child support calculator, having a skilled attorney by your side is critical to ensure payments are calculated in a way that is fair for your circumstances. If you believe that a deviation from the standard guidelines is appropriate, we know how to help.
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 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 by consulting with a child support lawyer in Indianapolis 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 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) 942-3942 today.
