Yes, you can petition the court to reduce your child support payments, but it isn’t necessarily simple. You need to be able to prove that a substantial change in circumstances has occurred and that the change in circumstances is likely to persist into the future. Absent that, the court will not grant a modification of child support. The case of MacLafferty v. MacLafferty is a prime example of a family law case in which the petitioner applied for a reduction in child support payments. 

Background of the case

In this case, Joseph and Susan MacLafferty divorced in the 1990s. They had minor children, and the father (Joseph) was ordered to pay child support. At the time of the original order, the mother (Susan) had relatively little income while the father earned substantially more. However, their circumstances shifted. The mother’s income increased significantly due to her career advancement, and the father’s income decreased compared to his prior earnings. 

The father believed that this imbalance made his child support obligation unfair, so he petitioned the court to reduce his child support payments, arguing that the mother was now more financially able to support the children.

The trial court denied the father’s request for a reduction. The court found that despite changes in the parties’ incomes, the father’s support obligation remained consistent with the children’s needs and overall fairness. The father appealed.

On appeal, the court reversed the trial court’s decision, holding that the trial court abused its discretion by not reducing the father’s support figure in light of the changed income levels. 

The appeal

On appeal, the court reversed the trial court’s holding, finding that the father had done enough to plead his case and reduce his child support payments. This time, the mother appealed, and the case made its way to the Indiana Supreme Court, which was asked to clarify the standard for granting a reduction in child support.

The issue then became: Did the trial court abuse its discretion in refusing to reduce the father’s child support obligation despite his decreased income and the mother’s increased earnings?

Under Ind. Code § 31-16-8-1, a child support order can be modified if:

• There is a substantial or continuing change in circumstances making the current order unreasonable; or
• At least 12 months have passed since the prior order, and applying the Indiana Child Support Guidelines would result in a change of more than 20% in the support amount.

Ultimately, the Indiana Supreme Court held that the trial court did not abuse its discretion in denying the father’s petition to reduce child support. The court reversed the Court of Appeals decision and reinstated the trial court’s decision.

Talk to a Danville, IN, Family Law Attorney Today

Chris Arrington represents the interests of Indiana residents who are considering a divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.