Raising a child is not an easy or cheap endeavor, and when parents divorce or separate, without the payment of child support, the financial strain would likely be a detriment to the child’s well-being. The initial amount set for child support is based upon a snapshot of the parents’ income and the child’s needs at a particular moment in time. However, life is constantly changing, and the monthly support ordered five years ago may no longer represent the current situation of the parents and/or child. Indiana law permits parents to petition for modifications of child support orders, and if such an order is originally entered when a child is young, the chances of one or both parents requesting a change is notably high.
Similar to other issues related to divorce or parenting matters, parents often disagree whether changes to child support are truly needed, or instead reflect a parent’s attempt to unjustifiably get more money or to avoid fulfilling the obligation. Even individuals who are intimately familiar with and tied to the law are susceptible to disagreements of this type, with a recent example being a New Jersey judge accused of trying to use his position to receive deferential treatment in a child support dispute. A discussion of when courts will consider modifying child support, and how a parent can approach challenging a modification petition, will follow below.
Grounds for Modification
Changing the terms of a child support order has significant repercussions for the parents and the child. Consequently, courts will not consider adjusting child support up or down without compelling reasons. The law specifically states that child support may only be modified if one of the following is demonstrated:
- A substantial change in circumstances that renders the current terms unreasonable; or
- If at least 12 months have elapsed since the child support was established, and the party paying child support would be ordered to pay an amount that differs more than 20% if the child support guidelines were applied to the current incomes and child-related expenses.
A substantial change in circumstances is a standard that is left to the judge to define, but generally, courts have found the following sufficient to allow modification:
- A new job or job loss;
- An increase or decrease in income;
- A change in the exercise of parenting time;
- Medical problems; or
- A change in the child’s needs.
The main key factors in these cases typically are the income of both parties, additional children born to either parent, or changes in childcare expenses, number of overnights, or health insurance costs.
Challenging a Modification Petition
Contesting a request to modify child support may appear to be a daunting task, but one thing to keep in mind is that modifications are not automatic and require the court to look at all the facts before deciding which course of action to order. One of the most effective methods of defending against these petitions is to keep clear and accurate records of one’s finances, particularly important if the amounts alleged by the other side do not match with reality. In addition, good recordkeeping of events or statements made that may contradict what the other party is claiming can also help counter why a modification is not justified. For example, if the petitioning party is claiming child care expenses have risen, evidence that the parent is using daycare less or going through friends and family for childcare assistance could help to dissuade a judge from granting the request. However, a parent will likely need the assistance of an experienced family law attorney to get this evidence before the judge.
Contact an Indiana Family Law Attorney
Child support is a necessary part of being a parent, and no one should have to pay more than is reasonable or appropriate. If you have questions about child support, talk to Christopher L. Arrington, P.C. about possible remedies for your situation. This Danville law firm understands how complicated family law issues are, and will work to get you best possible outcome. Contact the office today to schedule an appointment.