Asked in Child Support, Divorce and Family Law for Indiana

Q: In the state of indiana do you have to fill out a financial worksheet for support even if you are doing joint custody?

1 Lawyer Answer
Clarissa Finnell
Clarissa Finnell
  • Indianapolis, IN
  • Licensed in Indiana

A: If you are asking if you will be required to file a child support worksheet in cases where you share joint physical custody then the answer is most likely "yes". It is not necessarily the case that neither party pays support when they share equal time with their children. Indiana utilizes an income share model to determine each parent's support obligation. If parties have fairly equal income and equal time, then the recommended support may be $0 or close to $0. However, if one party has higher income than the other party there may be a support obligation even if you share time. Even if both parents agree that neither will pay support to the other, the court will still want to see what the recommended support obligation is for each parent. If it is recommended that one parent pay the other and the parties still wish for a $0 support order, they will need to demonstrate why a deviation is in the child's best interest. Support is not for the benefit of the parent receiving it but for the benefit of the child. Therefore, a parent cannot simply waive support as it is not their money to waive.

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