Having a child brings a lot of responsibility, from physically caring for the child to teaching him or her how to become a productive member of society. In addition to these childrearing duties, parents also have the obligation to financially support their children to adulthood. This obligation is inherent but unspoken when children are born in an intact relationship, but become legally recognized and enforceable once divorce or separation places one parent outside of the household. Child support is a responsibility shared by both parents, but only one parent actually pays the other parent on a monthly basis, typically the parent who has the least amount of time with the child.

Child support is one of the extra expenses that come with divorce or separation, and parents ordered to pay may think the set amount is excessive and wonder how the court calculated this amount. On the other hand, the parent receiving child support may believe that the monthly payment is insufficient and would also want to know the formula used to reach this number. In other words, both parents have a vested interest in understanding the guidelines used to set child support in Indiana. Along these lines, Indiana judges are asking members of the legal community and the public to comment on the State guidelines, which may be used later to revise the current system. A discussion of the various components currently used to calculate child support will follow below.

Design of the Guidelines

All children have the legal right to financial support from their parents until they become adults, and because children are financially dependent on their parents, along with having no control over the survival of the relationship, child support is there to fill this gap. The State guidelines are specifically designed to place the child in the same position he or she would have been if the parents stayed together. Thus, the amount of support the parents would be collectively obligated to provide should reflect the same standard of living the child previously experienced.

Income and Expenses Factored into Calculation

The primary factors used to calculate child support is the gross income of each parent and the number of children they share. In addition, childcare expenses (the most common additional expense child support awards include for younger children) so a parent can work or go to school, health insurance, education, and extraordinary medical expenses can also be factored into the equation. Educational expenses are applicable when the child is sent to a private or special school. The court will be looking for whether the parents agree on the method of education, and whether the expense is reasonable and necessary when it decides whether to include this expense in child support.

Extraordinary medical expenses are those health issues beyond ordinary care, and while standard child support awards do include a percentage (6%) for uninsured health expenses to which both parents are expected to contribute, if a child has special needs, an additional amount may be ordered weekly to account for this situation. Otherwise, parents are typically expected to split the cost of uncovered medical expenses once each parent contributes his/her percentage to this expense.

Impact of Parenting Time on the Amount Paid

In the vast majority of child custody situations, parents share parenting time, and the parent paying child support will also expect to incur the extra expense of having the child in his or her home during designated times. Depending on how many overnights the child has the with the non-custodial parent, the court will apply a “Parenting Time Credit” to the child support obligation, which effectively discounts the child support the non-custodial parent would otherwise owe.

Get Legal Advice

Child support obligations are an ongoing responsibility that involves both parents. If you have questions or concerns about this issue, from establishment to enforcement or termination, contact Christopher L. Arrington, P.C. to learn more. With years of experience helping families resolve family law disputes, this office can provide you the guidance you need to protect your family’s interests. Contact the Danville office to schedule an appointment.