Q: Indiana. Child support calculation legally separated.
I am legally separated and have been for the past eight months. I am paying child support now. When we go to final decree, At which point is the gross income calculated for the new child support figure? In other words do I pay the existing child support amount or is it calculated by my wife’s current income versus her past income? Her income has gone up considerably since the separation. Is that figure used i.e. current income or is previous income prior to date of separation used for calculating child support payments? My income has not changed.
A:
You need to make an argument about that. You need to get her current pay stubs and yours. If you don’t have attorneys the judge will have to calculate or you can use the online calculator.
They can take her YTD or her current salary. Make sure to identify the date new CP numbers will go into effect(usually the Friday after the Decree is signed).
A:
When you file you petition to convert the legal separation to a divorce you can request the Court to determine child support, so should be able to address any changes in support in the divorce proceeding.
However, if you are not filing to convert to dissolution anytime soon, I recommend you file a Motion to Modify Support because if the Court modifies support you can argue for the modification to retroactively apply to the date of filing.
To provide a better answer, I would need to see the Court Order for the Legal Separation, review the incomes of the parties, etc... but I hope the above helps answer your question.
If you have any additional questions, please feel free to contact me at 317-565-1818.
-Will
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