Child-support orders are based on the parents’ circumstances at a particular point in time. Those circumstances may later change because of a new job, reduced income, different parenting arrangements, increased childcare expenses, or changes in a child’s medical needs. However, an existing support order does not automatically adjust when life changes. Unless the parents obtain a new court order, the amount stated in the current order generally remains enforceable.
Under Indiana law, a court may modify child support when there has been a substantial and continuing change in circumstances that makes the existing order unreasonable. Modification may also be available when the order has been in effect for at least 12 months and a new calculation under the Indiana Child Support Guidelines would differ from the existing amount by more than 20%. Changes in income, health-insurance costs, work-related childcare expenses, or the parenting-time schedule may affect the calculation, but the significance of any particular change depends on the full circumstances of the case.
Parents should not rely on an informal agreement to pay a different amount. Even when both parents agree that support should be reduced, increased, or temporarily suspended, the existing court order remains controlling until the court approves a modification. A parent seeking a change generally must file a petition, provide updated financial information, and submit a revised Child Support Obligation Worksheet. Indiana also provides child-support services through local county prosecutor offices, including assistance with requests to change existing orders.
Timing is important because a modification ordinarily does not erase support that accrued before the modification request was filed. A parent who loses employment, experiences a significant income reduction, or begins exercising substantially different parenting time should therefore address the issue promptly rather than allowing an unmanageable balance to accumulate. The court may examine whether the income change is genuine, continuing, and made in good faith rather than voluntarily created to avoid paying support.
At Tyson Law Firm, we assist parents seeking both increases and decreases in child support. We can evaluate whether a change in income, parenting time, childcare, insurance, or a child’s needs may justify modification and help present the necessary financial evidence to the court. Contact our office at (317) 514-2681 to speak with an experienced attorney about your situation, or schedule your own consultation here.
Disclaimer:
This blog post is intended for general informational purposes only and reflects the laws and legal procedures of the State of Indiana. It does not constitute legal advice, nor does it create an attorney-client relationship. For legal advice specific to your situation, please contact a qualified attorney.
