Yes, in the state of Indiana, parents can agree to modify or terminate a child support order if both parties agree to do so. Typically, this is accomplished by utilizing a “Change Child Support When Parents Agree” packet, which may be readily found on local court websites.
In Indiana, child support is a court-determined periodic payment that is ordered by a court when a child’s biological parents are separating or going through the divorce process. The purpose of child support is to provide for the costs of raising a child when custody is not equally split between both parents.
In Indiana, when calculating child support, the total amount of the child support will be based on a variety of different factors. These factors include the amount of time the child lives with each parent, the child’s best interests standard, and each parent’s income and financial obligations.
It is important to note that Indiana family law courts will not generally agree to parents waiving child support. This means that even if both parents consent to dropping child support, the child’s best interest standard will always take precedence over the parent’s wishes.
However, this is not true in every case. For instance, if both parents agree to split custody of their child or children, there may not even be an initial child support order. Further, if there is evidence that both parents share equal financial responsibility over the child, then the court may agree to an agreement to terminate child support.
Finally, there are other situations where a parent can drop child support based on certain criteria being met. These situations for dropping child support, along with the criteria that must be met, are discussed further below.
When Is Child Support Ordered?
Once again child support in Indiana is ordered either during the Indiana divorce process or in a separate child support and custody case. Generally speaking, the parent that does not have primary physical custody of the child, will be the parent who is ordered to make child support payments.
Child support is a means by which an Indiana family law court can ensure that a non-custodial parent contributes to the needs of their biological or adopted children. The word mandatory means that child support is required by law. Child support occurs through a child support order.
How Is a Child Support Award Enforced?
In Indiana, child support enforcement is managed by the Indiana Department of Child Services.
Child support services in Indiana are provided by elected prosecutors in cooperation with the Child Support Bureau. Various tools are utilized by the Child Support Bureau when it comes to enforcing child support payments.
Local prosecutors may use all of the following methods when enforcing child support payments:
- The prosecutors may utilize an income withholding order, where payments are automatically deducted from the non-custodial parent’s paycheck
- Prosecutors can also suspend the obligor’s driver’s license and professional licenses
- Prosecutors can also seek out a contempt of court charge, which may result in fines or jail time
- Prosecutors can also obtain orders to intercept federal and state tax refunds to cover unpaid child support
- Liens can be placed by the state on the obligor’s property, such as on their home or vehicle
- Finally, prosecutors can also seize funds from the non-paying parent’s bank accounts
As can be seen, child support enforcement agencies may use a variety of different methods to collect child support on behalf of the custodial parent. Prosecutors and the Child Support Bureau may also collect retroactive child support if the court orders them to do so.
How Can I Avoid a Child Support Increase?
There are limited circumstances where a child support increase may occur in Indiana. In order to warrant an increase in child support, the party that is seeking the increase in support must demonstrate that there has been a “substantial change of circumstances” since the last order was entered.
Examples of what may qualify as a substantial change of circumstance include:
- Change in Employment: If either parent experiences a change or loss of employment, that may warrant a review by the court to determine if an increase or decrease in child support is warranted
- Promotion or Salary Increase: If the party subject to the child support order has a significant increase in income due to a promotion or raise, which is a 20% difference between the previous order, that may justify an increase
- Change in Custody: A significant alteration in custody arrangements, such as the child switching homes or spending more time with one parent, may also warrant a modification of the previous child support order
- Additional Children: If either party has an additional child in a subsequent relationship, then the child support payment should be recalculated according to the state child support guidelines
As can be seen, there are certain circumstances in which a child support order may be altered. As such, in order to avoid an increase, you should ensure that you maintain a steady income. Additionally, you should also document all of your child’s expenses to demonstrate that the increase in support is not warranted or necessary for the child’s best interests.
How Can I Stop Paying Child Support?
There are multiple ways in which a parent may stop paying child support in Indiana. For example, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate their child support.
Additionally, a parent can also petition the court to order the other parent to pay them support based on the child support guidelines in the case of a custody change. Further, parents can terminate support by agreement. There are also many other reasons to close a child support case that a local attorney in Indiana can assist with.
Do Child Support Payments End Automatically?
In short, no. In the state of Indiana, there are certain triggering events that will result in child support payments being eligible for termination. For example, child support orders in Indiana will generally terminate when the child reaches the age of 19 or is legally emancipated.
In Indiana, when a child reaches 19 years of age, the child will be emancipated by operation of law, which will result in terminating the non-custodial parent’s obligation to pay child support. However, the non-custodial parent will first have to petition the court to emancipate the child and terminate child support before payments will stop.
How to Get Child Support Arrears Dismissed
In order to get child support arrears dismissed in Indiana, a motion to dismiss child support arrears must be filed by the party that has arrears. It is important to note that this motion will need to provide evidence as to why some or all of your arrears should be discharged.
In general, a request for a reduction in arrears will be based on the income and assets of the party seeking the debt reduction. Further, arrears will not automatically be dismissed when a person’s obligation to pay support ends. Interest may still continue to accrue on past-due support.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to obtaining, modifying, enforcing, or terminating child support, then it is in your best interests to consult an experienced Indiana child support lawyer. LegalMatch can assist you in locating and setting up an initial consultation with an experienced Indiana child support attorney.
An experienced child support attorney can help you determine whether or not you are eligible to stop child support based on the particulars of your case. Additionally, an attorney can also help you determine if you are eligible to have child support arrears reduced or discharged. Finally, an attorney can also represent you in court, as needed.
