How Can I Get Child Support Modified?

Are you a person receiving child support, who believes that they might be entitled to more than what was originally ordered? Are you a child support payor, who believes they may be eligible for a lower support obligation due to a change in circumstances? If so, this article will walk you through the requirements of obtaining a child support modification.

Child support in Indiana is primarily governed by statute. Once an order has been put in place for support, the grounds for modifying that order are laid out under Indiana Code § 31-16-8. That provision holds that a modification is appropriate under the following circumstances:

1. upon a showing of changed circumstances so substantial and continuing as to make the terms of the current order unreasonable (I.C. 31-16-8-1(b)(1)),  or
2. where a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be currently calculated under the Indiana Child Support Guidelines, and the order requested to be modified is at least twelve (12) months old.

Let’s review those provisions in more detail, starting with the second subsection. Under this provision, the court may make a support modification where the amount currently being paid would differ by more than 20% if a new calculation were run based on the Indiana Child Support Guidelines. In order to fully grasp this provision, it is important to understand the Guidelines and the calculator used to arrive at support numbers. The Indiana Child Support Guidelines are a set of general parameters which are heavily relied upon by courts and attorneys. The Guidelines spell out general rules and directions for establishing and maintaining child support. While courts are not bound to abide by the Guidelines, they generally place a great deal of weight on them, and at a minimum, they will typically reference them and/or use them as a template when coming to a decision on child support.

Along with the Guidelines, another resource which is heavily used by courts and attorneys is the Indiana Child Support Calculator. The Calculator allows a party to input various key numbers (such as the respective incomes of mother and father, number of overnights with the child, expenses incurred for healthcare and childcare, etc.), and then gives a recommended amount of weekly child support based on the information submitted from each party.

Courts will nearly always reference the Child Support Guidelines and the Support Calculator when arriving at a decision on support. In perhaps the majority of cases, judges will order (or the parties will agree) that the support obligation recommended by the Calculator should be imposed. However, a judge may deviate from the amount recommended by the Support Calculator under certain circumstances. The decision to deviate is made on a case-by-case basis.

Returning to subsection (b) of the above provision, we can now make more sense of the language. Subsection (b) gives a court authority to modify a child support obligation when the amount that would currently be recommended by a new calculation differs by more than 20% from the amount previously ordered. So, for example, if the original child support order called for $100 in child support to be paid, then someone wishing to modify that amount would need to show the court that if a new calculation were to be run, it would result in either a new recommended amount of $80 or less, or $120 or more (e.g., a minimum 20% change in either direction). This does not guarantee a modification, but does open the door for consideration by the court.

It should also be noted that this provision requires that a minimum of 12 months pass from the previous order before a support modification may be considered. Barring exceptional circumstances, the court will only consider a request for change in support after at least one year has passed. Anyone considering a support modification should keep this requirement in mind.

Let’s now turn to subsection (a) of this provision, which holds that a support order may also be modified there has been a change in circumstances “so substantial and continuing” that the original order is no longer fair or reasonable. Unlike subsection (b), this provision is not as rooted in the numbers, and leaves a good deal of discretion to the judge hearing any particular case. This provision of the statute recognizes, among other things, that sometimes circumstances arise which may not necessarily meet the “20% rule”, but nonetheless warrant a modification. This provision gives a fair amount of flexibility to the judge, to address matters which may not fall neatly within the 20% provision.

If you have additional questions, or need assistance with your legal matter, contact our office at (317) 514-2681 to schedule a consultation. You can also schedule your own consultation here. We look forward to helping you. 

NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.