Child Support & Modification
Child support is often the subject of dispute in a divorce case, but it is an essential component to a child’s well-being and financial security. Whether you are the parent paying or receiving, you may have questions and concerns about how to go about establishing child support amounts and payment.
In addition to the amount of overnights spent with each parent, the guidelines typically take into account the total gross incomes of both parents, the amount of day care needed for the parent to work or seek employment, the amount of health insurance premiums paid to cover the children, as well as the number of minor children. The court may require either parent to provide health insurance coverage if it is reasonably available through their employer or otherwise affordable.
Sometimes circumstances happen that make it difficult to meet the financial obligations agreed upon in court for the care of your child. Loss of a job, health problems, or other extenuating circumstances may make it hard to make monthly support payments.
As a child support lawyer in Hendricks County and Putnam County and throughout Central Indiana, I help clients concerning support modification due to unavoidable circumstances and modification due to increased needs of a child. I also help spouses to whom support payments are required to be made when a parent is not making the required support payments.
Non-Payment of Child Support Due to Unavoidable Circumstances
Not being able to meet your monthly child support obligations due to circumstances beyond your control does not make you a bad parent. If your intentions are to meet the payments but you are unable to do so, it’s important to retain an experienced child support lawyer to determine the options that may be available concerning modifying your court ordered child support .
Parents should know that Indiana courts are concerned first and foremost with the welfare of the children affected. Thus Indiana courts will not generally excuse a parent from providing support solely because the parent loses his or her job; instead, they will expect the parent to find a new job quickly as the needs of children cannot wait. However, the court sometimes will modify child support based upon a parent’s loss of job that was beyond their control, i.e. downsizing or laid off.
Other circumstances, however, may be of more concern. If a parent becomes disabled and cannot work, the parent’s ability to provide future support may be irreparably harmed. In these cases, the court will want to know about the nature of the disability and the impact that the disability will have on providing future support, as well as any disability payments that may be forthcoming.
If you are the paying parent and you are tempted to skip a payment because you’ve been denied visitation or because you are struggling financially – don’t. Failing to pay child support can result in suspension of your driver’s license or even jail time.
Support Collection for Voluntary Non-Payment of Child Support
In some instances, parents who have child support obligations simply choose not to make the required payments. If the other parent of your child refuses to make required support payments, I can help. I will utilize the full extent of the law in seeking to obtain such payments for you and your child and/or consequences to the nonpaying parent.
Increased Child Support
Just as an injury or disability may decrease a parent’s ability to provide support, an illness or disability suffered by a child may necessitate an increase in child support payments. In these circumstances courts also look to the welfare of the children in determining the financial resources that may be required to adequately provide for their needs.
Further, an increase in one parents income or decrease in another parents income can cause an increase in child support. However, the only way to increase child support is to request a modification through the court system.
If You Have A Support Modification or Collection Need, I Can Help
Please call me so that I can meet with you and learn about your circumstances. At this meeting, I can advise you as to how I can help with your support modification legal needs.