Indiana Child Support Questions & Answers
Q: Can I get child support in Indiana if I don't have a job?
Alexander Florian Steciuch's answer
You can get child support established even if you do not have a job. Each county in Indiana has free legal services available to parents looking to establish child support obligations. This website can help you. https://www.in.gov/dcs/2483.htm
You can get child support established even if you do not have a job. Each county in Indiana has free legal services available to parents looking to establish child support obligations. This website can help you. https://www.in.gov/dcs/2483.htm
Q: Does support automatically stop when they turn 19? Or do you have to go to court?
K. Aaron Heifner's answer
It will not automatically stop. You will need to file a petition to emancipate the child as of their 19th birthday. This shall be completed prior to the child's 19th birthday. A new child support worksheet will need to be completed to obtain the new support amount for the 17 year old. Therefore, I would file a petition to emancipate the 19yr old and modify the current child support for the remaining one minor child.
It will not automatically stop. You will need to file a petition to emancipate the child as of their 19th birthday. This shall be completed prior to the child's 19th birthday. A new child support worksheet will need to be completed to obtain the new support amount for the 17 year old. Therefore, I would file a petition to emancipate the 19yr old and modify the current child support for the remaining one minor child.
Q: I need to file for divorce. I’m sick and currently can not work due to medical reasons. He gives me no financial support
1 Answer
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in
Child Custody, Child Support and Divorce
for
Indiana
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Answered on Oct 10, 2018
Answered on Oct 10, 2018
Betsy Walits' answer
You can file and ask for a provisional hearing, during which you can ask for provisional support.
You can file and ask for a provisional hearing, during which you can ask for provisional support.
Q: If my 17 yr old daughter is staying at her boyfriends house nightly, can support be stopped?
Alexander Florian Steciuch's answer
No. Child support does not get stopped due to a disagreement about parenting. If you disagree with your daughter staying over at her boyfriend's house that is an issue for you to bring up with the custodial parent. If nothing is done, it may be an issue you need to visit in court.
No. Child support does not get stopped due to a disagreement about parenting. If you disagree with your daughter staying over at her boyfriend's house that is an issue for you to bring up with the custodial parent. If nothing is done, it may be an issue you need to visit in court.
Q: How old do u have to be to choose who u want to live with?
Alexander Florian Steciuch's answer
You don't have the ability to choose who you live with. The judge overseeing your custody will make a decision based on the best interests of the child. You don't get to decide who you live with until you are emancipated.
That said, the wishes of the child are a factor in deciding who will have custody. Those wishes are given heavier weight in consideration at age 14.
You don't have the ability to choose who you live with. The judge overseeing your custody will make a decision based on the best interests of the child. You don't get to decide who you live with until you are emancipated.
That said, the wishes of the child are a factor in deciding who will have custody. Those wishes are given heavier weight in consideration at age 14.
Q: I am married with a child and i havent heard or seen from her father in almost 3 years. Doea he have any rights.
William J Webster's answer
First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.
If you haven't done so already, I recommend filing for a Protective Order and including the child, so if he suddenly appears and wants to see the child you will have a protective order in...
First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.
If you haven't done so already, I recommend filing for a Protective Order and including the child, so if he suddenly appears and wants to see the child you will have a protective order in...
Q: What income do I have to report for child support calculation?
Alexander Florian Steciuch's answer
Child support calculations require all income to be reported, no exceptions. Failure to disclose can have negative consequences for you in the future. Do not lie or conceal information on these forms.
Child support calculations require all income to be reported, no exceptions. Failure to disclose can have negative consequences for you in the future. Do not lie or conceal information on these forms.
Q: Non-custodial parent pays child support thru garnishment. It always comes on Wed or Thurs diligently. Why not this week?
Alexander Florian Steciuch's answer
The best way to find out is to contact whomever is handling child support cases locally, or, if they do not have the answer, contact whomever is handling the payments.
The best way to find out is to contact whomever is handling child support cases locally, or, if they do not have the answer, contact whomever is handling the payments.
Q: Im getting married to a man that is paying child support
Alexander Florian Steciuch's answer
The answer is both yes and no.
You are not personally liable for your future husband's child support payments. Therefore your wages cannot be garnished to cover his child support.
However, if his child support payments are in arrears and his tax refund is attached to pay for the arrears, if you file jointly the refund could be pulled to pay for those arrears.
The answer is both yes and no.
You are not personally liable for your future husband's child support payments. Therefore your wages cannot be garnished to cover his child support.
However, if his child support payments are in arrears and his tax refund is attached to pay for the arrears, if you file jointly the refund could be pulled to pay for those arrears.
Q: I currently live in Indiana and I’m wanting to move to Kentucky with my kids, I have full custody, can I move?
1 Answer
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in
Child Custody, Child Support and Family Law
for
Indiana
on
Answered on May 14, 2018
Answered on May 14, 2018
Timothy Denison's answer
If your divorce agreement or decree does not state otherwise or require you to seek approval of the court before moving , and you have sole custody of the children, you should be able to move without incident. You will likely have to either agree or go back to court to revise thrvisitation schedule with your former spouse.
If your divorce agreement or decree does not state otherwise or require you to seek approval of the court before moving , and you have sole custody of the children, you should be able to move without incident. You will likely have to either agree or go back to court to revise thrvisitation schedule with your former spouse.
Q: In the state of Indiana can a mother ask the courts for the father tono longer provide child support?
Alexander Florian Steciuch's answer
You could ask but you would be denied. Child support is not for the parent, it is for the child. The courts will never agree to terminate child support to a child. That is not in the best interests of the child. The only time child support will terminate is when the child is emancipated or the child is adopted.
You could ask but you would be denied. Child support is not for the parent, it is for the child. The courts will never agree to terminate child support to a child. That is not in the best interests of the child. The only time child support will terminate is when the child is emancipated or the child is adopted.
Q: Does my child have to be in school for me to recieve child support
Clarissa Finnell's answer
Child support can be ordered from birth until a child turns 19 years of age or is otherwise emancipated. There are circumstances under which an 18 year old may be emancipated for child support purposes if not in school or enrolled to be in school. If you believe your child may qualify for emancipation, contact a family law attorney to review the specific facts of your case.
Child support can be ordered from birth until a child turns 19 years of age or is otherwise emancipated. There are circumstances under which an 18 year old may be emancipated for child support purposes if not in school or enrolled to be in school. If you believe your child may qualify for emancipation, contact a family law attorney to review the specific facts of your case.
Q: Can I have our child support revisited based on the fact that he now makes so much more then I now then at time divorced
Clarissa Finnell's answer
Child support is modifiable if there has been a substantial change in circumstances since last order of the court or child support has not been modified during the preceding 12 months and new recommended support differs by at least 20% from current order.
Child support is modifiable if there has been a substantial change in circumstances since last order of the court or child support has not been modified during the preceding 12 months and new recommended support differs by at least 20% from current order.
Q: Can I have our child support revisited based on the fact that he now makes so much more then I now then at time divorced
Alexander Florian Steciuch's answer
Yes, absolutely. A substantial change in circumstances or ability to pay is grounds for requesting the amount of child support be revisited.
Yes, absolutely. A substantial change in circumstances or ability to pay is grounds for requesting the amount of child support be revisited.
Q: My children keep calling my child support "their support" and when they need something the support should be used.
Alexander Florian Steciuch's answer
What's the question? You are correct. Child support is paid to the custodial parent and not the children for use on behalf of the children. It would be crazy if it were paid directly to the children for them to determine how to use it. It doesn't matter if your daughter believes her father should not have to pay child support, nor does it matter that your son thinks that he is entitled to a portion of the money you were receiving for his support. That's not how it works.
What's the question? You are correct. Child support is paid to the custodial parent and not the children for use on behalf of the children. It would be crazy if it were paid directly to the children for them to determine how to use it. It doesn't matter if your daughter believes her father should not have to pay child support, nor does it matter that your son thinks that he is entitled to a portion of the money you were receiving for his support. That's not how it works.
Q: My son is ordered to complete 95% of his parenting time with his 15 month son before he is able to have ANY OVERNIGHTS?
1 Answer
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in
Family Law, Child Custody and Child Support
for
Indiana
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
John Mario Acosta Jr.'s answer
Based on your question and without reading the visitation/parenting time order, usually in my experience most parents are supposed to have paid 95% of their child support in order to claim the child on taxes, then according to the guideline it should be consistent parenting time for 6 to 9 months prior to the non-custodial parent receives overnights, of course this all depends on the age of the child as to how many overnights you receive.
Based on your question and without reading the visitation/parenting time order, usually in my experience most parents are supposed to have paid 95% of their child support in order to claim the child on taxes, then according to the guideline it should be consistent parenting time for 6 to 9 months prior to the non-custodial parent receives overnights, of course this all depends on the age of the child as to how many overnights you receive.
Q: Can I legally get back child support for my daughter prior to her adoption by my husband?
Alexander Florian Steciuch's answer
Assuming your attempts to collect back child support are within Indiana law, yes. Please be aware that there are statute of limitations for collecting back child support after a certain age, emancipation or adoption.
Assuming your attempts to collect back child support are within Indiana law, yes. Please be aware that there are statute of limitations for collecting back child support after a certain age, emancipation or adoption.
Q: My daughter turn 19 this year..But will still be attending last year of high school. Do i still have to pay ?
John Mario Acosta Jr.'s answer
You can terminate child support if, you are ordered to pay support for a child, and if the child:
is age 19;
has joined the United States armed services;
is married;
is not under the care or control of either parent or someone else approved by the court; or
is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and is or is capable of supporting himself or herself through employment.
You can terminate child support if, you are ordered to pay support for a child, and if the child:
is age 19;
has joined the United States armed services;
is married;
is not under the care or control of either parent or someone else approved by the court; or
is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and is or is capable of supporting himself or herself through employment.
Q: If ex is court ordered to carry medical insurance but refuses to because he says its to expensive
John Mario Acosta Jr.'s answer
If it is court ordered then yes, but you must look at the language of the agreement, because most agreements state unless otherwise unable to. Since you have picked up the insurance on the children you must provide your ex with a copy of those documents. IF you fail to do so it could result in your ex filing documents with the court ordering you to, but you must think of your children, if they don't have the cards it makes it more difficult to get treatment or services.
If it is court ordered then yes, but you must look at the language of the agreement, because most agreements state unless otherwise unable to. Since you have picked up the insurance on the children you must provide your ex with a copy of those documents. IF you fail to do so it could result in your ex filing documents with the court ordering you to, but you must think of your children, if they don't have the cards it makes it more difficult to get treatment or services.
Q: I haven't seen my 10 year old daughter since infancy. I pay child support. Any way I can forfeit my parental rights?
Alexander Florian Steciuch's answer
No. You cannot terminate your parental rights absent an action by the state against you or the child is adopted by another adult.
No. You cannot terminate your parental rights absent an action by the state against you or the child is adopted by another adult.
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