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
PREMIUM
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.