How Will My Child Support Be Determined?

Divorce can stir up a whirlwind of questions and concerns, with child support often at the forefront. How will the courts decide the amount needed to ensure your child’s well-being and maintain their quality of life? What if the support falls short? McNeelyLaw LLP demystifies the process of determining child support in Indiana, helping you navigate this crucial issue with confidence.

Understanding the Basics

Child support is a payment made by one parent to the other for the financial care of their child. In Indiana, both parents are obligated to financially support their children until they reach 19 years of age or complete high school, whichever comes first. This obligation remains even if the parents were never married or divorced.

The amount and duration of child support payments are determined through a court order, usually as part of a divorce proceeding. However, either parent can also file a petition for child support separately. The non-custodial parent (the one who spends less time with the child) typically pays child support to the custodial parent (the one who has primary physical custody).

Factors Considered in Child Support Determination

When determining child support, the state of Indiana follows an income-shares model. This means that both parents’ combined income is considered and divided proportionately based on their individual incomes. However, other factors may also be considered by the court, such as:

• Child custody arrangements
• Special needs of the child
• Healthcare expenses
• Education costs
• Standard of living before the divorce or separation
• Income potential of each parent
• How many children do the parents have together
• Any pre-existing child support obligations

It’s important to recognize that while these factors can influence the amount of child support ordered, they don’t solely determine it. Additionally, a parent will never be required to pay more than 50% of their weekly income in child support.

Potential Challenges in Determining Child Support

Calculating child support can become complicated if one or both parents are self-employed, have variable income, or own a business. In these situations, it may be necessary to seek the assistance of a financial expert to accurately determine each parent’s income and the appropriate amount of child support.

In cases where one parent is voluntarily unemployed or underemployed, the court may impute income to that parent based on their earning potential. This means they will be expected to pay an amount equivalent to what they could reasonably earn if fully employed.

Practical Tips for Parents Navigating Child Support Determination

• Be transparent about your income and expenses. Failure to disclose relevant financial information can lead to disputes and delays in the child support determination process.
• Keep accurate records of child-related expenses, such as childcare, healthcare, and educational expenses. These can be used to support your case for a higher or lower amount of child support.
• Stay informed about changes in your financial situation that may affect child support payments. If you experience a significant change in income or have additional children, it’s essential to inform the court and request a modification of the child support order.
• Seek legal guidance from an attorney who can advocate for your rights and help you understand the complexities of child support determination.

Secure Your Child’s Financial Security

Child support is a crucial aspect of divorce, as it ensures the well-being and financial stability of your child. By understanding the basics, considering relevant factors, and seeking professional legal assistance, you can confidently navigate this process and make sure your child’s needs are met. At McNeelyLaw LLP, we work tirelessly to protect our clients’ rights and provide them with sound legal advice in all matters related to family law. Contact us today for a consultation to discuss your child support concerns. Remember, ensuring your child’s financial security is not just an obligation but a responsibility both parents share.