If you have been through a recent divorce or paternity hearing, you are likely paying child support right about now. You may not realize it, but Indiana law provides a way to change an existing child support order if substantial changes in circumstances are present. Your income may have changed; you may have lost your job. Alternatively, changes in expenses may warrant tweaking an existing order to change the amount paid. Whatever the circumstances, you can modify an existing order in Indiana. In this article, the Indiana divorce lawyer, Chris Arrington, will explain how. 

Eligibility to change a child support order

Indiana law allows either a paying parent or a receiving parent to make modifications to an existing child support order. However, the parent who is requesting a change must be able to show that:

• A significant change in circumstances has occurred that is so substantial and continuing as to make the terms of the existing child support order unreasonable
• The requesting party has proffered a change in child support payments that differs by more than 20% from the existing order
• The child support order is at least 12 months old at the time the modification request is made

Three reasons to change an existing order

There are three umbrella reasons to change an existing child support order. These include:

• A substantial change in income – If the paying party loses a job or otherwise sees a substantial decrease in their amount of monthly income, they can petition the court for a change in the amount of child support paid. A receiving party may also request a change if the paying party has seen a substantial increase in income. The most common reason for requesting such a change is the loss of a job.
• A substantial change in expenses – As children age, their needs change, and the financial expectations of both parties should change along with them. In some cases, a substantial change, such as a health care emergency, will require the family to pay more in medical expenses. In these cases, where there is a substantial change in expense, the receiving party may request a modification of the existing child support agreement. 
• Substantial change in time-sharing – Child support is calculated by determining how much both parents make and how much time they will be spending with both spouses. The spouse who takes on the majority of the parenting time is entitled to child support. However, if the visitation schedule or custody arrangements substantially change, then the party paying child support may be paying too much. In these cases, that party can request a change to the existing agreement.

Talk to a Danville, IN, Child Support Modification Lawyer Today

Chris Arrington represents the interests of individuals who are currently paying child support and want to request that the court makes a modification to their current child support obligations. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.