The following is a summary of Indiana child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Indiana Code and/or consult with an attorney about how the law might apply to your particular situation.
Guidelines for Determining Child Support.
There are specific child support guidelines that will determine how much child support should be paid in Indiana. Child support typically can’t be waived by the parents, although a judge might decide this on a case-by-case basis, by looking at all factors. If you and your spouse agree to an amount of child support that’s different than the guidelines would order, the judge will decide if that amount is in the child’s best interests.
The court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:
- The financial resources of the custodial parent;
- The standard of living the child would have enjoyed if the marriage had not been dissolved;
- The physical or mental condition of the child and the child’s educational needs; and
- The financial resources and needs of the noncustodial parent.
Termination of Child Support.
Child support terminates when the child becomes 21 years old, unless any of the following conditions occur:
- The child is emancipated before becoming 21.
- The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
- The child:
- Is at least 18 years old;
- Has not attended a secondary or postsecondary school for the prior 4 months and is not enrolled in a secondary or postsecondary school; and
- Is employed, or is capable of supporting himself or herself through employment.
The court may order that support be modified instead of terminated, if it finds that these conditions are met, but that the child is only partially supporting or is capable of only partially supporting himself or herself.
The court shall find the child emancipated and terminate the child support if the court finds that the child:
- Has joined the United States armed services;
- Has married; or
- Is not under the care or control of either parent or an individual or agency approved by the court.
-From 31-16-6-6 of the Indiana Code
Indiana Laws on College Expenses.
Under Indiana laws, a court can award college expenses as part of a child support order, taking into account:
- The child’s aptitude and ability;
- The child’s reasonable ability to contribute to educational expenses through work, loans, and other sources of financial aid reasonably available to the child and each parent; and
- The ability of each parent to meet these expenses;
-From 31-16-6-2 of the Indiana Code.
Immediate Income Withholding.
The court must enter an order for immediate income withholding, unless the parties submit a written agreement providing for an alternative child support arrangement, or the court determines that good cause exists not to require immediate income withholding. A finding of good cause must be written and must include all reasons why immediate income withholding is not in the best interests of the child, and if the case involves a modification of support, a statement that past support has been timely paid.
This information has been summarized from the Indiana statutes. You can find the full-text version of these and other Indiana divorce statutes online here: Indiana Divorce Laws.
LEARN MORE ABOUT GENERAL CHILD SUPPORT LAWS.
GO TO ANOTHER DIVORCE ARTICLE.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.