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Modifying a child support obligation in Indiana

| Jul 12, 2018 | Family Law

Most divorcees in Indianapolis likely have no issue paying child support. Their love for their kids (along with their desire to ensure that the kids have all that they need) often prompts such parents to want to continue to support them. However, as time passes, one’s financial circumstances may change. For example, a father paying child support might see his working hours reduced, resulting in a cut to his income. How is he, then, to continue to meet his child support obligation while also supporting himself (as well as any new dependents he now may have)?

A solution is available in the form of a child support modification. Per the Indiana Office of Child Support Enforcement, a party may petition to have his or her obligation changed if the order mandating child support is at least 12 months old and if the amount that would be owed given his or her current circumstances (as determined by the state’s guidelines) differs from the current order by at least 20 percent. The other scenario in which a modification may be warranted is if either party experienced a significant and continuing change in his or her financial circumstances. Such changes may include:

  • A career change
  • A parent being incarcerated
  • A parent becoming disabled
  • A parent remarrying and gaining new dependents

The example offered in the introduction certainly appears to meet the criteria for a modification. In such a case, the father would then need to submit the appropriate petition to the court. According to the Indiana Judicial Branch, if his ex agrees to the modification, then the petition is all that is needed. If his ex does not, then both sides will be called into a hearing in which each can present their cases to the court.