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Child Custody & Support

Table of Contents

• General Information
• Child Support FAQs
• Enforcing a Child Support Order
• Child Support Rules and Guidelines for Indiana
• Custody and Parenting Time FAQs
• Paternity
• Internet Resources

General Information (back to top)

Legal Custody vs. Physical Custody
There are two basic forms of custody in Indiana—legal custody and physical custody.  Physical custody refers essentially to where the child(ren) are physically located.  Parents can share joint physical custody, meaning that the children spend equal time with each parent.  Or, one parent can have primary physical custody, with the other parent having “parenting time” (often referred to as visitation).  Regardless of the physical custody arrangement, legal custody is a separate issue.  Legal custody refers to how to deal with major decisions (i.e. religious upbringing) that arise in a child’s life.  Parents can share joint legal custody or one party can have sole legal custody. 

Contact a Child Support Attorney today at 888.318.3761 to schedule a free initial consultation.

Custody & Parenting Time
An Indiana Court will make decisions about custody and parenting time based on the child’s best interests.  “Parenting Time” is simply another term for “visitation,” and refers to the actual physical parenting time plan that divorcing or divorced parents have with their children.  In determining the best interests of children, courts may consider any number of factors, including but not limited to, the age and sex of the child; the wishes of the child’s parents; the wishes of the child, with consideration given to the child’s wishes if the child is at least 14 years of age; the interaction and interrelationship of the child with the child’s parents, siblings, and any other person who significantly affects the child’s best interests; the child’s adjustment to the child’s home, school, and community; the mental and physical health of all parties involved; evidence of a patterns of domestic or family violence by either parent; and evidence that the child has been cared for by a de facto custodian (someone other than the parents themselves).

Indiana Parenting Time Guidelines
As a general rule, Indiana courts permit parents to agree upon parenting time schedules to fit their specific family’s needs.  However, Indiana adheres to the Indiana Parenting Time Guidelines (“IPTG”), which are presumptively applicable unless the parties agree to a different arrangement.  Also, it is within the Court’s discretion to order a derivation from the Guidelines.  [CLICK HERE for a complete copy of the Indiana Parenting Time Guidelines.] 

Enforcing a Child Support Order (back to top)

The failure to pay child support is a problem of national proportions.  In Indiana several mechanisms provide for the collection where child support has not been paid.

Wage Assignment:  This allows direct payments from the obligor's employment checks.
Writ of Execution:  A child support order can be enforced in the same manner as other judgments.  Bank accounts can be seized, stock and real estate sold and wages garnished.
Bring a Civil Contempt of Court Action:  If an obligor fails to pay child support the spouse may file a contempt of court action in the original court where the divorce and child support orders were issued.  In some instances the court can even provide jail time for the non payment of child support.

Child Support Rules and Guidelines for Indiana (back to top)

Download a Copy of these Rules and Guidelines Here:

Child Support Rules
1. Adoption of Child Support Rules and Guidelines
2. Presumption
3. Deviation from Guideline Amount

Child Support Guidelines
1.  Preface.
2.  Use of the Guidelines.
3.  Determination of Child Support Amount.

A.  Definition of Weekly Gross Income.
B.  Income Verification.
C.  Computation of Weekly Adjusted Income.
D.  Basic Child Support Obligation.
E.  Adjustments to the Basic Child Support Obligation.

1. Computation of Parent’s Child Support Obligation.
2. Adjustment to Parent’s Child Support Obligation.
3. Treatment of Health Care Obligation.
4. Modification.
5. Federal Statutes.
6. Additional Commentary.

Parenting Time and Child Support
Split Custody and Child Support
Tax Exemption
Costs of Transportation for Parenting Time
Accountability of the Custodial Parent For Support Received
Emancipation: Support Orders For Two or More Children
Extraordinary Education Expenses

 

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