Many changes in circumstances can justify a modification of child support. A child support obligation is based primarily on a formula focused on income of each of the parties and number of children. However, several other factors, referred to as “credits” also play a part in determining the child support order. Thus, changes in income, number of children, subsequent children, increased expense for health insurance and work-related child care are all relevant and can impact support. Moreover, a change in custody or parenting time can necessitate a child support modification.
Legal Standard
In Indiana, a court may modify support if a substantial and continuing change in circumstances makes the current order unreasonable. Alternatively, if at least 12 months have passed and the new order would differ by 20% or more, a modification can also be granted. Temporary changes like short-term illnesses or brief income drops usually do not justify a modification.
Changes in income can justify a change
A significant shift in either parent’s income such as: a raise, irregular income, bonuses, incentives, underemployment or unemployment all may warrant a revised support order. If you lose your job, transition to lower-paying employment, or experience a reduction in work hours, you might struggle to meet the current child support obligation. Conversely, if the paying parent receives a substantial raise or accepts a higher-paying position, the receiving parent may request an increase in support.
Big life events can affect child support
Other life changes beyond income can also influence child support. If one parent has subsequent children or if a child now spends significantly more time with the other parent, those shifts could impact the support calculation. Relocation, medical issues and other impacts on financial resources may also lead to changes in the order.
For instance, if your child begins living with you more often, you might become eligible to receive support or see your payments significantly decrease. If your child requires extra-ordinary medical care educational expenses, the associated expenses could increase the support amount owed by one parent. Or if a child turns 18 and becomes emancipated or starts college prior to turning 19 years of age, a modification of child support could occur.
The order hasn’t been reviewed in years
Even without a major event, it may be worth revisiting the order if several years have passed. Legally, statutes and case law applicable to child support are often updated; practically, adjustment to costs of living or the formulaic theory behind the child support calculator might and do occur. Indiana allows review if it has been at least 12 months since the last modification or the new child support amount would differ significantly (if before 12 months since the last child support order).
Act when something shifts
When your circumstances, or the circumstances of the other party, shift in a meaningful way, it may be appropriate to pursue a modification. Do not remain locked into a support order that no longer aligns with your current financial circumstance and parenting reality. You can contact Smith Legal LLC for a review of your child support order and child-related expenses otherwise.