Like most dads in Indianapolis, you want what is best for your kids no matter your familial circumstances. That is why you likely were quick to agree to the child support obligation handed down during your divorce proceedings. The ramifactions that come with this obligation can be great (both legally and to your children). That is why so many divorced dads come to us here at Schembs Law after having lost their jobs or seen their income reduced concerned about what might happen if they are unable to make their child support payments.
Some of those whose financial situation has changed drastically like yours may simply think that if they do not have the money, no one can force them to pay. Maintaining such an attitude could potentially land you in legal hot water. Do not give in to the temptation of ignoring your child support obligation following a loss in income. Rather, simply ask the court to reconsider your agreement.
According to Section 31-16-8-1 of Indiana's Family and Juvenile Law, the provisions of your child support obligation may be modified or even revoked (if necessary). However, to qualify for a modification, one of two criteria must be met. You must be able to show that a change in your circumstances has been substantial enough to make continuing with your current arrangement unfeasible. The other scenario is if you have been ordered to pay an amount that differs by more than 20 percent of what would have normally been ordered under Indiana's standard child support guidelines.
Before any child support modifications can be considered, your current arrangement has to have been in place for at least one year. To learn more about modifying your child support obligation, we invite you to continue to browse through our site.