When parents divorce, the courts set child support based on their financial situation. In Indiana, you can seek a modification if circumstances change.
Hoosiers considering child support modification must, however, meet certain conditions, such as the following.
The 12-month minimum
Before requesting a modification, the current child support order must have been in place for at least 12 months. This waiting period prevents frequent changes, allowing both parents and the child to maintain financial stability.
Limits on retroactive changes
Generally, modifications to child support only apply from the date the petition is filed. However, exceptions are made if parents have agreed on an alternative payment method that fulfills the original order’s intent or if one parent has assumed full custody and care of the child.
Emancipation and support adjustments
When a child turns 19 or becomes emancipated, it’s important for parents to seek a modification of the support order. Child support is typically calculated as a lump sum for all children, not on a per-child basis. As a result, the total support amount does not automatically decrease when one child reaches the age of majority or is otherwise emancipated. Failure to adjust the support order can result in an unfair financial burden on the non-custodial parent while not adequately reflecting the reduced number of children for whom support is required.
Ongoing and major changes
A child support order may be modified due to significant, lasting changes, such as:
Incarceration: When a parent is imprisoned, affecting their ability to provide financial support.
Income changes: Major shifts in either parent’s income, such as job loss or a significant salary increase.
New expenses: Unexpected costs related to the child, like increased medical or educational expenses.
These changes must be substantial enough to make the current order unreasonable and make sure it reflects the child’s needs and both parents’ financial situations accurately.
If you are considering seeking a child support modification, legal guidance can help you understand the process and meet all necessary conditions for a fair adjustment.