Imagine being separated from your child, unsure of when you will see them again or have a say in their upbringing. For many fathers in Indiana, this is a harsh reality. Fortunately, Indiana support laws provide a framework for protecting fathers’ rights, but it is essential to know what these rights entail.
Establishing your legal standing
Indiana treats fathers and mothers equally under the law. Courts require legal paternity before they order child support or decide custody matters.
When you establish paternity, you secure your legal rights and responsibilities to your child. After courts recognize you as the father, judges must consider both you and the child’s mother when making decisions.
The easiest way to establish paternity is by signing a paternity affidavit, usually at the hospital after birth. This affidavit is as legally binding as a court order. For children born outside of marriage, parents must sign the affidavit within 72 hours to automatically list the father on the birth certificate.
Either parent can request the court to establish paternity if the affidavit is not completed voluntarily. If there is disagreement, the court will order genetic testing, which must show at least a 99% probability of fatherhood to establish paternity legally.
How Indiana calculates child support
Indiana has a standardized way to calculate child support, ensuring consistency across the state. Courts use the “Income Shares Model” to estimate how much parents would jointly spend on their child if they lived together.
Each parent contributes based on their income. The court evaluates factors such as income, time spent with the child, health insurance and childcare costs to determine support obligations or benefits.
Essential support rights for fathers
Indiana law recognizes several key points for fathers:
- Right to establish paternity: You can legally confirm your status as the child’s father.
- Equal consideration: Courts should not favor one parent over the other due to gender when deciding custody or support.
- Fair support calculation: Support orders must follow Indiana’s Child Support Guidelines.
- Right to seek modification: If your financial situation or the child’s needs change significantly, you can ask the court to review the support order.
- Access to information: Typically, you have a right to receive information about your child’s education and health, even if you are the non-custodial parent.
- Enforcement of orders: You can request the court to enforce existing support or parenting time orders.
These rights provide a foundation for your involvement. A skilled attorney can fully explain how they apply to your unique circumstances.
