317.745.4494
Call to Schedule an Appointment

Modifying Child Support

In the case of child custody and support, circumstances change repeatedly and often.  As a result, you may wonder whether or not the child support agreement or order that you are a part of can be modified to reflect some of those changes in circumstances.  The Indiana Code allows for modification of child support orders under some circumstances.  It is important to remember this during all stages of a family law case in order to keep perspective.

The Law

Indiana Code 31-16-8-1 is the specific portion of the code that addresses modification of child support.  The code establishes two different tests.  The first test is change of circumstances.  In other words, a child support order can be modified if there is a showing of a change of circumstances that is so substantial and continuing as to make the terms of the original support order unreasonable.  In order to determine what is unreasonable, the court will consider the specific circumstances.  There is no one rule that allows you to tell whether or not the changes are unreasonable.  Circumstances that may or may not make the support order unreasonable include the loss of a job, the loss of the ability to work, the onset of a disability for the child requiring medical attention, etc.

The second test for modification of child support has two parts.  For each part of the test the petitioner, or the one asking for the modification, must show certain things.  For the first part of the test, the petitioner must show that the party was ordered to pay an amount in child support that differs by more than twenty percent from the amount that would be ordered by applying the child support guidelines (which can be found in the Indiana Child Support Rules and Guidelines).  The second part of the test requires that the child support order that you are requesting to be modified was issued at least twelve months before the time you are requesting a modification.  The second test requires that both of the qualifications are met.

There are many changes in circumstances that may lead to a court deciding that a child support modification is in order.  Some of those might include a new child one of the parents is responsible for supporting, excess expenses, health insurance changes, or the relocation of one of the parents and/or the child.

While the statute gives two ways for child support to be modified, there is another avenue.  If there is no argument, a child support order can be modified by agreement.  Most courts will still require that a petition for modification is put into place and a worksheet is completed.  Additionally, the court will usually require that the agreement contain the reasoning for modifying the child support order.

Your Choices

If you or someone you know is having trouble with their child support order and are hoping to fight for a child support modification, contact our office to find out how we might be able to help you.  Having an experienced family law attorney on your side could make all the difference in fighting for your rights.



« Back to Arrington Law Help Center