Child support is often one of the most contested issues in Indiana family law. Even when parents agree on custody or parenting time, disputes often arise over what the monthly child support amount should be, especially when income is inconsistent, expenses are disputed, or one parent believes the court used the wrong numbers. In the case we are about to discuss, the Indiana Court of Appeals addressed a contested child support order and reviewed whether the trial court properly calculated the support obligation under Indiana law.
Background of the case
The aforementioned case involved a family law dispute in which child support was a main issue. The trial court issued an order for child support, and one of the parents disputed the amount calculated, stating that the amount for child support was in error according to the facts and application of the Indiana Child Support Guidelines.
Disputed cases of child support can center on the following kinds of details:
- What each parent’s weekly gross income actually is
- Whether income of certain types should be included (bonuses, overtime, self-employment income, etc.)
- Whether the court adequately took into account the childcare expenses that were work-related
- How parenting time influences the final support amount
- Whether the trial court has imputed income to a parent who is underemployed or unemployed
- How parenting time influences the final support amount
This case involved a conflict over whether the amount of support awarded for the children was supported by the evidence under the guidelines required by law.
The appeal
The appeal in this case was heard before the Indiana Court of Appeals. The court examined the child support decision made by the lower court in accordance with the guidelines applicable in most child support appeals in Indiana. The discretion allowed in family law is applicable in child support issues except when it is justified.
The appeals court reviewed whether the support guidelines had been correctly applied in the case and whether the support award had been made on accurate financial data. Notably, appellate courts do not retry the case or determine the credibility of witnesses. They simply determine whether the decision is clearly in conflict with the logic of the facts and circumstances in the case.
This case serves as a reminder that although a party may disagree with a child support award given to their child, the appeal should be based upon legal issues, such as errors regarding income calculations, and not merely with the result reached.
Key takeaways from the case
In Indiana, child support is guideline-driven. Courts are expected to use the Indiana Child Support Guidelines as the starting point, and any deviation must be justified.
Income disputes are often the heart of the case. In contested support cases, the biggest disagreements usually involve how income is calculated and what should be included.
Appeals are not a “do-over.” The Court of Appeals doesn’t retry the case. The parent challenging the support order must show the trial court made a legal or factual error significant enough to justify reversal.
Talk to a Danville, Indiana, Child Custody Attorney Today
Chris Arrington represents the interests of Indiana residents who are in a custody battle or need to recover child support from an ex. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.