In Indiana, both parents have a legal responsibility to support their children financially. As a result, the non-custodial parent is usually required to pay child support to the other.
Once a child support order has been issued, it will place a legal obligation on the paying spouse. Therefore, it is important that an outcome is reached that meets your child’s needs.
Woodford Sathappan McGee solely represents women in family law matters in Indiana and Ohio. We are deeply attuned to the needs of women and their children, and our goal is for them to move forward with security and confidence.
Many women do not realize the powerful constitutional rights that they have. Our family law attorneys are committed to educating the women we work with and keeping them involved at every stage of the process.
At Woodford Sathappan McGee, we have the skills, experience, and resources required to handle your case, no matter its complexity. Utilizing skills in mediation and litigation, a firm grasp of the law, and creativity, we will do what it takes to secure the best possible outcome.
Child support is the financial support that both parents are required to provide for their children. Although both parents have a legal duty to contribute financially to their child’s upbringing, usually, the noncustodial parent is required to make payments to the other.
If the parent who owes child support misses payments, then they become past due, which is called arrearage. Child support payments do not disappear, and so they will need to be paid eventually and even incur interest.
Child support calculations in Indiana are based on state guidelines. The Indiana Child Support Rules and Guidelines provide a formula for calculating the amount of child support the court should order. Both parents will be required to submit information regarding their income and child-related expenses, which will be verified by the court.
This Indiana child support calculator will allow you to work out how much child support you could be owed or how much you could be paying.
Child support is designed to cover a child’s day to day living expenses, such as housing, food, clothing and toys.
Child support can also be used to cover reasonable and necessary costs for the child’s educational needs, such as a private or special school. However, optional experiences such as sporting leagues, school trips, or summer camps are not included. Instead, parents must meet a mutual agreement about extracurricular activities and should each contribute fairly.
In Indiana, the cost of a child’s medical care is included in the child support order. Either one or both parents must provide health insurance if it is available at a reasonable cost.
The cost of medical coverage is considered reasonable if it is no more than 6% of the weekly gross income of the obligated parent. If private health care is unaffordable, they will be required to pay cash for medical care.
If you are receiving child support payments but believe that it is insufficient to meet your child’s needs, then you should seek help from a child support attorney who can help you file a motion for modification with the court.
Similarly, if you are an obligated parent and cannot afford your existing child support order, then you can file for a child support modification.
Either way, the party requesting a modification must prove that there has been a substantial change of circumstances, such as illness, job loss, or the birth of another child. Or if the previous order is over a year old and the amount of support calculated under the current guidelines would be at least 20% different from the existing order.
In Indiana, the child support order will automatically end when a child turns 19. This is because at 19 they are “emancipated by operation of law”, which means they are no longer entitled to financial support from their parents.
The child may also be emancipated under the age of 19, and therefore no longer entitled to financial support, if they go on active duty with the U.S Military or are no longer under the care of a parent or court-authorized agency.
However, a child support order could also continue past the age of 19 if the child is incapacitated. Incapacitated is a legal term for being unable to be self-sufficient due to a medical condition. If a child is incapacitated, child support payments will need to be paid indefinitely or until a court orders the obligation.
The court may (but not always) terminate a child support obligation if all of the below statements are true:
Child support payments are a lifeline for many people, and if your ex-spouse continually misses payments or refuses to pay, it can be incredibly difficult. One of our Indianapolis child support enforcement lawyers will help you and your ex-spouse come to an agreement on how they will pay you back using mediation if possible. If an agreement cannot be reached, then they will help you file contempt proceedings.
Child support payments never disappear, and they even incur interest. A Judge may garnish wages, take away professional licenses, or even threaten criminal charges to enforce compliance.
Choosing the right representation can have a big impact on your future and could ultimately save you time and money on court proceedings.
Qualities to look for in child support attorneys include:
Family law cases are largely dictated by state law, and so it is good to find a local law office that has an in-depth understanding of the laws surrounding your case. It is also likely that your attorney will have worked with the Judge overseeing your case before and can tailor their approach.
An experienced divorce lawyer should be a skilled mediator. When child support issues are worked out in mediation, it not only saves time and money on court proceedings, it also helps protect important relationships and family dynamics. That being said, it is essential that your attorney is willing and able to stand for you in court if necessary.
At Woodford Sathappan McGee, all of our child support attorneys are highly skilled in both mediation and litigation, which means that we can handle even the most complex child support disputes.
The best child support lawyers will have a full caseload, but they should take the time to keep you informed about your case. They should be prompt to answer your questions, and you should feel supported throughout.
At Woodford Sathappan McGee, we take a personalized approach to the attorney-client relationship. We believe in the power of informing you of your rights and keeping you involved in every stage.
Family law matters are often highly emotional, and so it is important that you feel able to speak with your attorney without the fear of judgment. You should seek out a free consultation so that you can gauge whether you like your potential attorney.
When a child’s parents separate, a child support order will be issued. This could be a part of a divorce decree, a legal separation agreement, or as a separate order if the parents were never married.
If parents are not married when their child is born, the father is expected to pay a percentage of the mother’s pregnancy and childbirth costs. They should pay a minimum of 50% of all costs related to prenatal care, hospitalization, delivery, and postnatal care.
If your ex-spouse misses child support payments, then you should contact a child support attorney. They will help you file contempt proceedings with the court.
The cost of a family law attorney depends on the details of your case. Arrange a free consultation today to find out how much representation is likely to cost based on your specific circumstances.
We are proud to offer comprehensive support to women navigating family law matters such as child support. Utilizing a firm grasp of the law, a commitment to women’s needs, and a long history of successful cases to draw upon, we will guide you every step of the way.
It is essential that children’s needs are prioritized in all child support cases, and at Woodford Sathappan McGee, we will make sure that happens.