Legal Question in Family Law in Indiana

Indiana Stepparent Adoption

12 years ago I step-parent adopted four children from my partner's first marriage. The bio-father terminated his parental rights but was allowed by us to continue to have time with the children every other weekend. He has never had to pay child support. After we separated, she has allowed the children to have more time with him which includes overnights. I pay a substantial amount in child support for kids who rather spend time with their bio-dad. I think it is in their best interest for their bio-father to be a father in all capacity but I can't find or fund an attorney to assist me. Is there any way I can return to the child support court to see about at least a reduction in my child support? Do I have any recourse?

Thanks for your assistance.


Asked on 6/13/09, 1:39 am

1 Answer from Attorneys

Re: Indiana Stepparent Adoption

You will have a difficult time if you cannot fund this as what you are saking is a bit novel. If they are spending overnights with their father on a regular basis, such as lets say twice a week every week, an argument could be made that she is receiving additional income. the guidelines indirectly address your situation as follows:

d. Imputing Income. Whether or not income should be imputed to a parent whose living expenses have been substantially reduced due to financial resources other than the parent's own earning capabilities is also a fact‑sensitive situation requiring careful consideration of the evidence in each case. It may be inappropriate to include as gross income occasional gifts received. However, regular and continuing payments made by a family member, subsequent spouse, roommate or live‑in friend that reduce the parent's costs for rent, utilities, or groceries, may be the basis for imputing income. The marriage of a parent to a spouse with sufficient affluence to obviate the necessity for the parent to work may give rise to a situation where either potential income or imputed income or both should be considered in arriving at gross income.

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Answered on 6/13/09, 9:01 am


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