Indiana Child Support Modification

Courts are firm when calculating child support, but they also understand that circumstances can change. This is why Indiana law allows for child support modification. If either parent experiences a significant change in circumstances, they can apply to the court for a change in child support.

Learn how child support modifications work in the State of Indiana. We will also discuss how the courts determine whether a modification is warranted. If you still have questions about your child support case, contact an experienced family law attorney. You can also refer to the additional resources at the end of this section.

Determining Child Support in Indiana

The amount of child support a parent must pay depends on various factors, including the state child support guidelines. While every state has specific formulas and guidelines for determining child support, they generally focus on parental income, parenting time, and child custody. Indiana is no different.

In some cases, the parents negotiate a fair amount of child support on their own (with a court's review). In other cases, they need the court to intervene to issue a child support order.

In Indiana, a court may order one or both parents to pay a reasonable amount of child support. Usually, the non-custodial parent (NCP) is the one responsible for making monthly child support payments.

The Indiana child support guidelines consider many factors when determining child support. These include:

• Each parent's financial resources

• The standard of living the child would have if the parents were living together

• The child's physical and mental condition and their educational needs

• Extraordinary medical expenses

• Healthcare and childcare expenses

Your court order will specify an amount that covers your child’s basic needs. A child support order must also require that one parent provide medical support for the child if health insurance coverage is available to the parent at a reasonable cost.

Overview of Indiana Child Support Modification

Statutes (Laws)

Indiana Code, Title 31, Article 16, Chapter 8, Section 31-16-8-1, et seq. (Modification of Child Support or Maintenance Orders)

These statutes are Indiana's law on modifying child support. While reviewing Indiana’s child support laws is important, it can be tricky since most laws contain "legalese." We have summarized the law for you below.

When Can You Modify a Child Support Order?

The Indiana courts will modify a child support order if a party can show one of the following:

• A substantial change of circumstances that makes the current child support order unreasonable

• The current amount of child support differs from the child support guidelines by more than 20%, and the current order is over 12 months old

Some examples of a substantial change of circumstances include:

• Change in employment

• Incarceration

• Medical disability

• Significant change in child custody

• Change in the child's needs

How to Get a Child Support Modification in Indiana

To request a modification of a child support order, either parent can petition the court that originally ordered support.

Prior to submitting your petition, use the Indiana child support calculator to calculate your new child support total.

You can typically find a Petition for Modification of Child Support form on your county's website (for example, see this form for Whitley County). These forms are also available from Indiana Legal Help here.

If both parents agree on the child support modification, you can submit a request to the court together.

If you participate in Title IV-D, you can request your county office to review your support order. The Title IV-D office may also request a modification if the family receives Temporary Aid for Need Families (TANF). County attorneys review court orders every three years and may request modification if there is a significant change in circumstances.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a child support attorney or conduct further legal research to verify your state laws.

Get Professional Legal Help With Child Support Modification in Indiana

Your child’s well-being should be paramount when it comes to child custody and support. However, the courts understand that circumstances change, making the current amount of child support no longer appropriate. When this happens, it may be possible to modify your child support order.

If you have questions about child support modification or need help with the process, it's best to seek legal advice from an Indiana child support attorney.

Indiana Child Support Modification: Related Resources

For additional information and resources, please visit the links listed below:

• Indiana Child Support Calculator

• Indiana Child Support Obligation Worksheet

• Indiana Child Support Forms