Financially supporting a child is one of the obligations a parent assumes in exchange for legal rights over a child’s life and wellbeing. This requirement is somewhat seamless when parents are married and/or living together, but child support becomes more of an issue when parents divorce or separate. More often than not, one parent will pay a greater share, and this can lead to resentment as one parent perceives the other as not contributing an equal amount. However, the parent receiving child support typically provides most of the childcare and is still responsible for a percentage of the child support, so he or she does contribute, just not to the same degree in monetary terms.
Certainly, most parents understand that child support, at the very least, should cover the basic necessities of food, clothing and shelter, but what is the parent’s obligation beyond these basic expenses? What about the additional expenses that always seem to come up? Furthermore, as a child grows, these extra expenses become more frequent and costly as things, like field trips and extracurricular activities, occur more often. Consequently, those paying child support often wonder exactly what the money is intended to cover. While these extra expenses are typically not part of the child support obligation, unless specifically included in the support order, there are other expenses that can imposed beyond basic support. One example is educational expenses, but an Indiana Court of Appeals recently ruled that there is one type divorced parents cannot be required to pay – the cost of graduate or professional school.
A discussion of the expenses, beyond those for the child’s basic necessities, a parent can be required to pay will follow below.
Educational Costs
Educational expenses are sometimes included as an additional expense within the child support order, and Indiana law outlines the factors that could warrant including these costs. These are:
- The child’s capacity and ability;
- The child’s ability to contribute to the payment of educational expenses through work, loans and other financial aid; and
- The parent’s ability to pay these expenses.
Note that Indiana, in addition to primary and secondary education, can require parents to pay for college, but as stated above, nothing beyond a bachelor’s degree.
Health Care
Child support orders typically include health insurance for the child as a standard expense that one or both parents must provide, as long as the cost is reasonable and coverage is available. The state presumes that the cost for health insurance is reasonable. Thus, if a parent wants to exclude this expense from the support order, he or she must rebut the presumption by showing a certificate of exemption from the federal requirement to have health insurance or evidence the parent’s income is below the threshold for filing a tax return. As for the availability of coverage, health insurance is considered accessible if it covers the area where the child lives. The health insurance can be public (Medicaid, for example), private or employer-provided.
Child Care
Another cost that can be added is for reasonable child care expenses related to employment or job searches. This expense includes costs for a babysitter or daycare, and cannot exceed what is reasonable and necessary for quality care. Child care expenses for job search purposes are not treated differently and are allowable to the same extent as those for employed parents.
Extraordinary Expenses
Finally, there are optional extraordinary expenses for extra activities the child may attend, such as summer camp, sports, clubs, etc., that are not included within the child support guidelines. However, if both parents agree the child should participate, each should pay a pro rata share. Absent agreement, the costs should be allocated according to which parent is encouraging the activity, how much a parent can pay, and why the other parent opposes participation.
Contact a Family Law Attorney
If you have questions or concerns about child support, talk to a family law attorney about your legal options. Whether you need to modify, terminate, enforce or challenge the child support obligation, family law attorney Christopher L. Arrington can help you get your case resolved. He represents clients in the Indianapolis area, and will work to get the best possible outcome. Contact him to schedule an appointment.