Part of being a parent is the obligation to financially support a child until he or she reaches the age of 18. If parents divorce or separate, this financial obligation is legally memorialized as a child support order. The custodial parent relies on the consistent payment of support to supplement the lost income caused by the end of the relationship, and needs the payment amount to be sufficient to make a difference in the overall support of child. Child support is primarily set based on the income of each parent, but the circumstances of the child and/or the parents are almost guaranteed to change as time passes.
When a court sets the initial child support amount, its analysis is limited to the financial situation that exists at that moment. However, this does not mean the child support amount cannot be later adjusted if significant changes have occurred. The law has standards in place that authorize a court to modify child support orders when such a request is made by either parent. Both sides have competing interests in making sure the child support order sufficiently takes into account the needs and ability of each parent. Consequently, when circumstances do change, the affected party needs to be proactive in requesting a modification before the financial ramifications create insurmountable problems. An overview of how courts evaluate petitions for the modification of child support will follow below.
When Courts May Modify
Child support is taken seriously by the state, and a parent is not permitted to unilaterally alter the required payment amount once it is set; court authorization is needed. The law allows courts to modify standing child support orders if there is a compelling reason, and the law specifically says that if one of following is present, modification is permissible:
- A substantial and continuing change in the circumstances of either party that makes the standing child support order unreasonable; or
- The amount ordered would differ by more than 20 % if the child support guidelines were applied to the parties’ current financial situation and more than 12 months have passed since the initial child support order was issued.
Basically, the court usually looks for a significant change in income or expenses to justify modifying the child support amount.
Examples of Circumstances the Court Will Accept
What qualifies as a significant and continuing change in circumstances is not easy to determine. This determination by a judge is subjective. Therefore, identifying a specific change in circumstances that would automatically convince a court to approve modification is not possible. However, certain situations are more likely to persuade a court that modification is necessary, including:
- One parent loses his or her job;
- One parent starts earning substantially more money;
- The amount of parenting time exercised by the non-custodial parent increases or decreases;
- The child becomes disabled or needs ongoing medical care; or
- Additional children are born to either parent.
Practically speaking, courts tend to focus on the income of both parents, changes to child-related expenses, and adjustments to the number of overnights with the non-custodial parent.
It is worth noting that only certain income may be considered for child support purposes, and a recent decision by an Indiana court of appeals emphasized this point when it overturned a trial court decision approving child support modification. Specifically, the court found the non-custodial parent’s new source of income could not be considered for child support per Indiana regulations.
Talk to a Family Law Attorney
Child support is a big issue for both parents, and if you have questions about establishing, changing or revoking a child support order, a family law attorney can advise you about your rights and responsibilities. Family law attorney Christopher L. Arrington has extensive experience helping clients modify child support when circumstances change. If you live in Danville, Avon, Plainfield or the surrounding area, contact him to schedule an appointment.