317.745.4494
Call to Schedule an Appointment

Understanding Indiana Child Support

All children have the right to be supported by both parents.  Child support is money that a non-custodial parent pays to a custodial parent to assist in raising the child until the child becomes an adult or is emancipated.  In Indiana, the amount of child support owed is calculated based on the Child Support Rules and Guidelines, codified in the Indiana Rules of Court.

The child support guidelines are consistent with the provisions of Indiana Code Title 31, which places the duty for child support upon parents based on their financial situation and needs, the standard of living the child would have enjoyed had the marriage not been dissolved or separation not been ordered, the physical or mental condition of the child, and the child’s educational needs.  These Guidelines have 3 objectives:  (1) to establish as state policy an appropriate standard for support for children based on the parents’ financial ability, (2) to make equitable awards by consistent treatment of people in similar circumstances and (3) to improve efficiency of court process and encourage settlement.

Child Support Factors

Indiana Code Section 31-16-6-1 lists relevant factors to child support orders.  Under this section the court is given the authority to order either parent or both to pay any amount reasonable for support of a child, without regard to marital misconduct after considering relevant factors.  These factors include:

  •      The custodial parent’s financial resources;
  •      The child’s standard of living had the marriage not been dissolved;
  •      The physical or mental condition of the child and the child’s emotional needs; and
  •      The financial resources and needs of the noncustodial parent.

Amount Determination

The Indiana Child Support Guidelines are based on the Income Shares Model, developed by the Child Support Project of the National Center for State Courts.  The Income Shares Model is based on the concept that a child should receive the same proportion of parental income that he or she would have received if the parents lived together.  A number of authoritative economic studies provide estimates of the average amount of household expenditure on children in intact households.  These studies have found the proportion of household spending devoted to children is related to the level of household income and to the number and ages of children.  The Indiana Child Support Guidelines relate the level of child support to both income and the number of children.

The Income Shares Model was chosen as the fairest approach to determine child support because it requires the court to consider the financial resources of both parents and the standard of living that the child would have enjoyed with an intact family.  In determining the amount of child support the gross incomes of both parents are added together after certain adjustments.  A percentage share of income is determined for each parent.  This total is taken to a support table known as The Guideline Schedules for Weekly Support Payments to determine the total cost of supporting a child/children.  This then determines the basic child support obligation, and any work-related child care expenses and health insurance premiums for children are added.  The child support obligation is then prorated between the parents based on the proportionate share of adjusted income.

Legal Representation

If you’re going through a divorce and child custody and support are involved, you want an attorney on your side who understands the law, but who also understands your situation and circumstances.  Sometimes situations arise that make it difficult to meet the financial obligations ordered by the court.  As a child support lawyer in Hendricks County and Putnam County and throughout Central Indiana, Attorney Christopher L. Arrington helps his clients with child support modification due to unavoidable circumstances and due to increased needs of a child.  Attorney Arrington can help either spouse; whether you are the spouse making child support payments needing a modification or the spouse who is to be receiving payments and is having trouble getting the money required by the court.  Contact our office today to speak with Attorney Arrington about your situation. You can reach us at 317-745-4494.



« Back to Arrington Law Help Center