Use this Indiana child support law to learn about your
child support rights and responsibilites.
How is Indiana child support determined?
In Indiana, either or both parents could receive a court order
to provide child support for the child, without regard to marital fault. The
child support court order may also include medical, hospital dental and
educational support. The factors the courts consider are:
- the standard of living the child would have enjoyed if the
marriage had not ended
- the physical and emotional health and educational needs of
the child
- the financial resources, needs and obligations of each
parent
There are specific Indiana Child Support Guidelines, designed
to be in the best interests of the child, that the courts use to determine the
correct amount of child support. These will be followed, unless there is an
exception for deviation which is approved by the court.
Indiana does not use net income to determine child support.
Indiana uses gross income amounts. In addition, Indiana provides that child
support is payable until the age of 21 unless the child is emancipated. It also
provides for a sharing of post-secondary education expenses.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or the child graduates from high school, whichever occurs later.
Indiana's custody guidelines:
Yes. Usually parents are able to reach an agreement about the
custody, child support and visitation concerning their children. If they
cannot, then the courts will decide these issues for them.
Sole custody may be awarded based on the best interests of the
child and the following factors:
- the age and sex of the child
- the preference of the child
- the wishes of the parents
- the child's adjustment to home, school and community
settings
- the physical and mental health of all involved
- the relationship the child has with each family member
- whether there has been domestic violence
Indiana does not have a statutory provision for joint physical
custody although the parties may agree to it.
Indiana does have a statutory provision for joint legal
custody. This means that the parties share decision-making with regard to
religion, education and medical care for the children. If the parents cannot
communicate with one another, the court will not award joint legal custody.
Even when joint legal custody is ordered, the custodial parent
has the final decision-making power.
Indiana's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. If it is not, then the child
support court order may include medical, hospital and dental support. Usually,
if a reasonable medical insurance plan is available through one of the
parent’s employment, they are required to cover their child on it.
How permanent are the provisions for Indiana child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children. However, many local rules prohibit
modification before one year has passed.
Wage garnishment for child support payments:
Yes. Indiana, like most states, has a provision for withholding
child support directly from the earnings of the parent who has been ordered to
provide support. It is withheld much like income tax is withheld from earnings
payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
How Indiana determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. However, when parents cannot
agree, the standard visitation schedule accepted most everywhere in the
nation is:
- every other weekend and one evening during the week
- four to six (4-6) weeks during the summer
- alternating holidays
Be aware that visitation guidelines may vary from county to
county.
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