Most parents realize the importance of child support to the wellbeing of their child and pay the money ordered by the court without question. But, events can happen in anyone’s life that completely upend all plans and good intentions such as extended unemployment, major illness or a serious accident. Any of these items will dramatically alter if and how much a parent can pay to support their child. Indiana law recognizes that unforeseen circumstances occur and allows for modifications if certain conditions are met. The recent announcement of two large factories closing in Indiana that will mean 2,100 people will lose their jobs is an example of an event that could prompt a change in the child support order. It is much better to request a modification as soon as you believe paying the ordered child support amount is not possible, rather than waiting for other parent to go after you for non-payment and face financial penalties and possible jail time. An overview of the process to ask a court to modify child support payments will follow below.
Requesting Modification
Either party can request modification, which means the request can be to increase or decrease the court-established amount, depending on who is asking for the change. In addition, the court can also modify the obligation of one or both parents to provide health insurance for any minor children, provided the cost is reasonable. The petition for modification must be filed with the court that issued the original child support order, which is normally done by an attorney, but can also be filed by the Indiana Child Support Division or on your own. The advantage to having an attorney file the petition on your behalf is you know all the necessary documentation will be filed with the petition so there is no delay in processing and you do not have the wait for the Child Support Division to get to your case among the thousands it handles at any one time.
Circumstances in Support of Modifying Child Support
A court has the authority to modify a child support order in two circumstances:
- The circumstances of a party has so changed that the current child support amount is unreasonable; or
- The current child support is 20% more or less than the support would be if a court determined the issue today. Note that the original child support order must be issued for at least 12 months before a party can file for modification under these facts.
Examples of events that court could use to justify changing the child support amount include:
- A parent becomes unemployed;
- A parent gets a substantial raise or gets a new job making more money;
- A change in child custody or parenting time;
- The child needs substantial medical care; or
- The child enters college.
If both parties agree to a modification, a court hearing may not be required to get court approval, but if the parties cannot agree, the court will schedule a hearing where each can argue whether or not a modification is necessary.
Hire a Family Law Attorney
Paying child support is a legal obligation that you cannot just stop performing because money is tight. If you are having problems paying, contact a family law lawyer who can ask the court to lower your payments to a manageable level before the legal system comes after you. Attorney Christopher L. Arrington, representing clients in the Indianapolis area, understands modifications are sometimes necessary and will work with you to get child support payments you can afford. Contact him to schedule an appointment.