Complete Guide to Child Support in Indiana
Child support ensures that both parents fulfill their financial responsibility to their children, regardless of relationship status. This comprehensive guide explains how Indiana calculates child support, what factors are considered, and how to modify existing orders.
Understanding Indiana's Income Shares Model
Indiana uses the Income Shares Model, which is based on the principle that children should receive the same proportion of parental income they would have received if the parents lived together. This model considers:
- Combined parental income from all sources (wages, self-employment, bonuses, rental income, etc.)
- Number of children being supported
- Parenting time percentage for each parent
- Work-related childcare costs
- Health insurance premiums for the children
- Extraordinary medical expenses not covered by insurance
What Income Is Considered?
Indiana courts consider gross income from virtually all sources, including:
- Wages, salaries, and tips
- Self-employment income (after reasonable business expenses)
- Bonuses, commissions, and overtime pay
- Rental and investment income
- Social Security Disability benefits
- Unemployment compensation
- Workers' compensation
- Retirement and pension income
Not included: Means-tested public assistance (TANF, SNAP/food stamps), SSI for disabled individuals, and child support received for other children.
The Parenting Time Credit (PTC)
One of the most significant factors affecting child support is the Parenting Time Credit. This credit acknowledges that when the non-custodial parent spends substantial time with the children, they incur direct expenses during that time.
How the PTC works:
- 0-51 overnights/year: Little to no credit applied
- 52-127 overnights: Modest credit begins, reducing your obligation
- 128-182 overnights: Substantial credit, significantly reducing payments
- 183+ overnights: You may be considered the custodial parent, potentially flipping the support obligation
Modifying Child Support Orders
Child support orders are not set in stone. You can request modification when circumstances change substantially. Indiana allows modification under two main scenarios:
1. Substantial and Continuing Change in Circumstances
File for modification anytime if there's a significant, ongoing change:
- Job loss or significant income reduction (must not be voluntary)
- Substantial income increase for either parent
- Changes in parenting time schedule
- Change in childcare or health insurance costs
- Child develops special needs requiring additional support
2. The 20% Rule
If your order is at least 12 months old, you can request modification if recalculating with current information results in at least a 20% change (increase or decrease).
Critical: File for modification as soon as circumstances change. Support modifications are not retroactive—they only apply from the date you file the petition forward.
Frequently Asked Questions
Is Indiana's child support formula gender-neutral?
Yes. The formula determines who pays based solely on income and parenting time, not the parent's gender. Either parent may be the paying or receiving parent.
Can I refuse to pay if my ex denies me visitation?
No. Child support and parenting time are separate legal issues. If you're being denied court-ordered parenting time, file a motion to enforce that order. Stopping support payments will result in contempt charges against you.
What if my ex remarries someone wealthy?
Generally, a new spouse's income is not considered in child support calculations. However, in rare cases involving voluntary underemployment, the court may consider overall household resources.
Can we agree to zero child support?
Parents can agree to deviate from guidelines, but a judge must approve it. The judge will only approve if convinced the children's financial needs are met through other documented means.
What happens if I fall behind on payments?
Arrears (past-due support) accrue interest. Indiana can enforce collection through wage garnishment, tax refund intercepts, license suspensions, credit reporting, property liens, passport denial, and in severe cases, criminal prosecution.
How do I calculate income if I'm self-employed?
Start with your gross business income, then deduct only ordinary and necessary business expenses. Personal expenses, depreciation beyond actual cost, and excessive business expenditures are typically not deductible for child support purposes. Be prepared to provide tax returns and profit/loss statements.
Do my other children affect this calculation?
Yes, in two ways: (1) Existing child support orders you pay for other children are deducted from your income before calculating this obligation, and (2) If you have other biological children living with you, the court may consider this, but it's not automatic.