Indiana Child Support Modification

Created by FindLaw's team of legal writers and editors | Last updated January 16, 2019

The amount of child support that a person is required to pay is based on a variety of factors, which are provided by state child support guidelines. While each state has its own specific formulas and guidelines for determining child support, they generally include parental income, expenses, and child custody.

Since circumstances can change, however, state laws also allow for child support modification. For example, if a father is paying a certain amount of child support for his child but then he has to take a significant pay cut instead of being laid off, he can apply to have his child support order modified.

Determining Child Support in Indiana

In Indiana, a court may order one or both parents to pay a reasonable amount of child support. The factors that a court will use to determine child support include:

Each parent's financial resources;
The standard of living the child would have if the parents were living together/married; and
The child's physical and mental condition and their educational needs.

The amount that's ordered as child support will cover the basic needs of the child. A child support order must also require one or both parents to 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

While it's extremely important to read the actual text of a statute, it can be a tedious task since laws are usually written in "legalese." For this reason, it can be equally important to read an overview of the statute. In the following table you can find both an overview of child support modification in Indiana as well as links to the applicable statutes.

Statute(s)

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

When a Child Support Order Can Be Modified

A child support order can be modified if a party can show one of the following:

Changed circumstances so substantial* and continuing that would make the terms of the order unreasonable; or
The amount ordered differs by more than 20% from the amount that would be ordered based on the child support guidelines and the current order was issued at least 12 months before filing the modification petition.

*While substantial change is fact-specific and determined by the court, some examples include change in employment, incarceration, and a change in the child's needs.

Related Statute(s)

Indiana Code, Title 31, Article 16, Section 31-16-1-1, et seq. (Support of Children and Other Dependents)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.