How to Get Child Support Reduced in Indiana

In Indiana, a parent may petition a court for modification of an existing court order that requires them to pay child support to the custodial parent of their child. The non-custodial parent would seek modification of a child support order any time they experience a “substantial” and “continuing” change in circumstances.

Or, If the order that the parent seeks to change was issued at least 12 months before the change is requested and their financial circumstances have changed, a court would look to see if a new, changed amount of support that would be calculated under the Indiana Child Support Guidelines would be at least 20% more or less than the current amount. If the answer is “yes,” a court is likely to change the amount.

These are the requirements of the law regarding the modification of child support in Indiana. The procedure a parent would use if they seek to pay a lower child support amount would be to file a petition, preferably in the same court that issued the original child support order.

Of course, the child support order might be the product of an Indiana divorce or legal separation. A court may issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.

It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The laws and procedures for modifying child support orders are the same for all such orders.

Anyone who wants to lower the amount of child support they pay must go to court and prove that one of the following changes in their circumstances justifies the modification:

• There has been a change in the financial situation of one of the parents: The change should be one that is likely to continue for the foreseeable future. The change might be the loss of a job, an increase in salary, the physical disability of a parent, or a significant increase in some cost of living expense.
• There has been a change in the child’s needs: For example, the child may have developed a disability or an illness that increases expenses associated with their care. Or, child support might be decreased if the child moves in with the parent who has been paying child support.
• Another child or other children have been born to either of the parents.

Again, if the original order was issued at least 12 months before the change is sought and the decrease in the amount of support would be no less than 20 percent, then a court is likely to allow the change.

Modification of child support orders may be granted when requested by either parent if it is justified. Every Indiana county’s prosecutor is required to review the child support orders of families that receive Temporary Aid for Needy Families (TANF) every 3 years. Depending on what the review shows, the office itself may petition the court to modify the order.

If one needs to modify the amount of their child support, they want to consult a local attorney in Indiana to analyze their case. The attorney could help them figure out whether they could qualify for a change or not. The standards are technical, and an attorney would be able to help determine whether or not a modification is possible in their case.

What Factors Can Lower Child Support?

The most common reason for which parents request a change in child support is because their income has changed. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.

When looking at a child support case in which a parent seeks a decrease in the amount of support they pay, courts in Indiana may consider various factors as follows:

• Whether a parent’s loss of income was voluntary or involuntary
• Whether the parent who pays child support has used their court-ordered visitation and spent time with the child
• Whether the custodial parent has experienced a substantial increase in income
• Whether another child has been born to one or both of the parents involved
• What the current needs of the child are.

If an individual’s loss of income was voluntary, they may be less likely to win a decrease in the amount of child support they pay. There are numerous other factors that Indiana courts consider as well when a parent asks them for modification of the amount of child support they pay. Again, they would want to review these factors with their attorney before seeking modification.

What Is a “Substantial” and “Continuing” Change?

Generally, the kind of change that would justify a reduction in child support must be significant as opposed to minor. The change would probably also have to be one that is long-lasting as opposed to temporary. For example, if a paying parent were to suffer a disability that could be expected to last at least several months, it might be long-lasting enough.

A permanent change would be something such as someone suffering a severe, life-changing injury or illness that would have an impact on the type of work they are able to perform.

What Is the Legal Process of Child Support Modification?

An individual may seek help by asking the Indiana Department of Child Services to review their child support order in light of a change in their circumstances.

Another option a parent has is to hire an Indiana family law attorney to represent them in filing a petition in court to modify child support.

To obtain the help of the Department of Child Services with a petition, if the person who asks for the review is able to show that there has been a large change in their financial circumstances, such as a significant change in their income, then the Department would review the order and the amount of child support that is required.

The parent seeking the review would have to provide the Department with the financial and other information that would justify the request for a change. The Department would then determine that there is a “substantial” and “continuing” change in the circumstances of the person who has requested the review to just a change in the amount.

Or the Department would have to find other good legal grounds to justify changing the order. When the Department finishes its review, it notifies the parties. Then, a court order must be sought to finalize the change.

Of course, the parents may always agree on the need for a change in the amount of child support that the non-custodial parent pays. If they do, they still want to go to court and get a court order that matches their agreement.

Voluntary agreements by the parents are fine but are not enforceable by a court. If either parent decides not to respect the agreement, there is nothing the other parent can do to force compliance unless there is a court order. The parents must make a formal request to an Indiana court for an order modifying the amount of child support.

When Do I Need to Contact a Lawyer?

If your circumstances have changed significantly and you believe that you are entitled to reduce the amount of child support that you currently pay, you want to consult an experienced Indiana child support lawyer.

LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and tell you whether you have a chance of modifying the child support you pay. Your lawyer can guide you through the process to success if the change in your life justifies a decrease in your payments.