Why Child Support?
Indiana parents have the legal duty to take care of their children. Child support belongs to the child, so a parent does not have the right to waive child support. Child support should start once both parents do not live together in order to require each parent to pay a fair share.
How Do I Get Child Support?
The first step is to establish paternity of the child. This could happen through the father’s name being placed on the birth certificate, a paternity affidavit, or even a DNA test. If the alleged father denies paternity and fails to cooperate, the court may order a DNA test. Until paternity is established, there cannot be child support. There are strict time limits to establish paternity.
Once paternity is established and the parents do not live together, the court should enter an order of child support. In order to request support, a document should be filed with the court requesting that the court order child support payments. This filing establishes the date for child support to start and starts the process of exchanging information to calculate the correct amount.
How is Child Support Calculated?
Indiana calculates child support through a formula which accounts for each parent’s income, the number of overnights, insurance costs, and other factors. These numbers are placed into a worksheet which tells you what a parent should pay. In order to deviate from this number, the court must be given a good reason to do so.
While the formula is straightforward, agreeing on the numbers to use in the formula is not. If one party is hiding income, refusing to work, or receiving a noncash benefit, the income calculation may be disputed. The parties may disagree on the number of overnights or if overtime may should be included in the calculation.
What if Things Have Changed?
Indiana child support orders can be modified. Although you must typically wait a year, some life changes are so substantial that the court may consider an earlier modification. The court will use the same child support calculation method as above to determine what the new amount should be.
What if The Other Parent Is Not Paying?
You have the right to request a hearing and ask the judge to take action. If the other party is behind, the court could order the other party to pay extra out of each pay check, make a lump sum payment, take payment from tax returns, or send the other parent to jail. The court could even award you attorney fees to compensate you for your expenses.
Although the court has several powers to try to enforce compliance, sometimes the other parent is simply uncollectible. An effective attorney will not only explain to you how the process works, but will also explain the risks and benefits to help you understand if the process makes sense for you.
What if I am Behind?
There is a difference between being unwilling to pay and unable to pay. Attorney Waite can assess your case and advocate on your behalf. Refusal to pay is more likely to be punished than an inability to pay.
If you are unable to pay, it may be possible to negotiate a payment plan or other arrangement to resolve your legal issues. Waite Law Office LLC can also assess your situation to determine if your child support order is higher than it should be and if a Petition to Modify is appropriate.
Contact a Cloverdale Child Support Attorney Today
Whether you are owed child support, are being pursued for not paying, or believe a modification is appropriate, a Family Law lawyer at Waite Law Office LLC may be able to help. Contact us today at (765) 252-4600 for a free consultation.