Most parents realize the importance of paying child support on time in order to cover necessary costs associated with raising their children. However, there are situations in which a parent does not have the resources to pay the child support regardless of how much the parent wants to fulfill the obligation. A recent article in the Indiana Daily Student highlights efforts by the Monroe County Child Support Program to provide services to parents struggling to pay child support prior to initiating traditional methods of enforcement. The office is offering mediation, job placement counseling, and substance abuse treatment options to parents so they can put themselves in circumstances where paying child support is feasible.

For those parents who just need to pay less, the standard approach for adjustments to a child support obligation is to file a petition for modification. An overview of the grounds to modify a child support order will be discussed below.

Child Support Orders Less than One Year Old

Indiana, like most States, puts high importance on the finality of court decisions, which means any attempt to modify a child support order issued less than one year ago will have to overcome a large bias against changing such a recent judgment. Consequently, a court will only modify child support in this situation if the party can show a change occurred within the past 12 months that is so substantial and continuing it renders the current child support order unreasonable. Examples of possible grounds justifying a modification of child support would include losing your job, a major illness or a catastrophic injury. A court may retroactively apply any modification of a child support order to the date the petition was filed.

Child Support Orders More than One Year Old

For child support orders issued more than one year ago, Indiana law requires petitioners for modification to demonstrate to the court that the existing child support obligation would change by more than 20% if the guidelines were applied to the party’s present situation before a court will change the amount owed. The 20% difference does not mean a parent’s income increased or decreased by 20%, but that the child support amount would change by more than 20%, taking into account all of the factors used under the guidelines to arrive at the revised amount.

Circumstances that could give rise to such a large change include a change in income, a change in the division of parenting time, violations of the parenting plan, or a change in child-related expenses mentioned in the guidelines, such as childcare, health insurance, and education. Just as in modification petitions of less than a year, a court can retroactively apply the modified child support obligation from the date of the petition for these modification petitions.

Additionally, if the new child support amount computed for the modification petition would greatly increase or decrease the obligation, the court may phase the new payment in gradually so the affected parent can adjust his/her standard of living if necessary. Finally, in cases where the court has concerns about the obligated parent making child support payments, it can require the parent to post a security, bond, or other guarantee in an amount sufficient to make compliance more likely.

Speak with a Lawyer

Applying child support guidelines to a particular person’s financial and child custody situation is a complicated process and should be done with the advice of an attorney. If you live in the Indianapolis area, Christopher L. Arrington, Attorney at Law, P.C., provides legal representation in a range of family law matters, including child support, and can assist you with your case. Contact him to schedule an appointment.