Legal Question in Family Law in Indiana

Re: Fairness to Fathers Paying Child Support

The first thing which will help you is if you're current with the present child support obligation. As it sounds as if you are, the court should also view you as some one who does take these issues with same seriouness as it does.

The idea behind chld support is not so much that it is spent direcetly on the child but that it goes to the over all expenses which a child creates in the home where he/she resides. The only incomes which the court may consider is from each parent, not a step parent or live in friend of the custodial parent. It is also true that child support may be modified every year based of a "substanial change in circumtances". This means increse in cost for rasing the child, the increase or decrease one parents income or special needs which are now required for the child. While this is not an exhaustive list of reasons, it does give you an idea of how this happens.

There may be some things for you to consider in this matter.

1) If you excercise regular visitation/parenting time, then you are subject to a credit which will reduce the obligation slightly.

2) If you have health or other insurance for the child, this too must be considered as to any actual increase of support requested.

3) If you are under any other court order to provide support to other children not of this former marriage, this must be considered.

4) The employment status of the custodial parent. As in does she/he refuse to work or purposely sought a reduction of income.

5)Does the custodial parent have an addiction in which she/he is using the child support for.

6)Is the child support just used for excessively expenses purchases which the child does not benefit from. If so, you may ask that the court order she provide an accounting of spening any support received.

Also keep in mind that you may be able to settle with her on a lesser amount than what the support guidelines may suggest. She may do this if assured you will provide an increase to avoid legal costs or to quickly conlclude the matter. The start date of the increse may also be open for discussion as well.

As there are so many different factors in each case, it is very difficult to suggest which approach is best. A full review of your situation should be done by an attorney.Only then will a real direction begin to form. The above is only for purposes of a general discussion and should not be necessarily regarded as being legal advice or applicable to your actual situation.

I wish you the very best with this issue

Re: Fairness to Fathers Paying Child Support

Child support is figured according to a state developed guideline. While the guideline is based on the parents' incomes, the underlying basis is what it costs parents with those incomes to support the children. You have the right to make an agrument as to specific expenses you or your children may have that were not particularly taken into account in devising the guidelines and the statute requires that the judges take into account a parent's ability to pay (that is, look at the individual's specific expenses). However, the fact that the custodial parent may have been married one or more times and may or may not have worked during those marriages has no bearing as her new spouse has no legal requirement to contribute to the support of her children. It has been my experience that the courts do not particularly concern themselves with the particular expenses a parent may have unless the parent brings the expenses to the attention of the court in a logical manner and explains why it is important for the court to take the expense into account.

Having said that, if you visit with your children regularly, it may benefit you to put the modification off until after the "new" guidelines take effect. What is new is the manner in which they are applied and the credit given a non-custodial parent seems to be larger than the now standard 10%. It is based on the number of overnights the children spend with the non-custodial parent and assumes that the non-custodial parent spends more money on the children having a place large enough for them to stay there and spending money on food and other living expenses.