How Do I Determine Child Support in Indiana?

Determine child support in Indiana using the state child support calculation and support guidelines, including imputed income, health insurance premiums, work-related child care, and any deviations. Indiana uses the income shares model to determine the basic support obligation using the obligation worksheet, including both parents’ weekly gross income, parenting time credit, and overnight count. Parents can seek a modification of the support order with judge approval for significant changes in a parent’s adjusted weekly income.

For legal help figuring out child support obligations, contact an experienced child support lawyer in your area.

Must the Court Use the Guidelines?

In any proceeding for child support, there is a “rebuttable presumption” under the law that the child support amount that results from the application of the guidelines is the correct amount of child support to be awarded. Basically, the court will require strong evidence the guidelines should not be used in determining child support. The court can deviate from the guidelines if it finds application of the guidelines would be unjust.

That means the court can adjust the amount of support upward or downward, based on reasoning the guideline amount is unfair. Some examples of reasons the court may find guideline support unjust may include:

• Non-custodial parent incurs significant travel expenses for parenting time
• Non-custodial parent incurs significant costs for child clothing, daycare, furnishings, activities, etc.
• Non-custodial parent incurs significant medical expenses, medical care or substantial health insurance premiums

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How To Calculate Basic Support Under the Guidelines

Calculating child support under the guidelines is not simple.

However, the state of Indiana has an online calculator that will help determine a parent’s child support payment. To use the calculator and calculate child support, a parent will need some basic information.

First, you need to know the gross incomes for both parents. In the Indiana, gross income for support purposes includes income from all sources, potential income if under-employed, and imputed income for any in-kind benefits received through employment (like free use of vehicle for personal use).

Then, the law allows some deductions from each parent’s gross incomes. Those deductions include:

• Support payments for prior born children
• Support payments for subsequent children
• Alimony or maintenance payments

Adding all sources of income and deducting allowable expenses results in the parents’ adjusted income.

Both parents’ incomes are then combined into a combined adjusted income total using a chart corresponding to the combined adjusted income results in the Basic Child Support Obligation (BCSO). In Indiana, child support is paid weekly, so figures will need to be adjusted to a weekly gross income amount.

How To Determine Child Care and Health Care Costs

After determining the BCSO, additional necessary expenses for the child are added to the BCSO. Those expenses include:

• Work-related child care expenses
• Child healthcare expenses
• Extraordinary child healthcare expenses
• Extraordinary child educational expenses

Demonstrating the complexity of the Indiana guidelines is the rule for extraordinary healthcare expenses, called “the 6 percent rule.”

This rule determines the amount of extraordinary healthcare expenses each parent will pay. These are uninsured expenses in excess of 6 percent of the BCSO. Calculation of the apportionment of the healthcare expense obligation (as well as the child care expense obligation) is a matter separate from the determination of the weekly child support obligation. 

How to Figure Out the Parenting Time Credit

Another somewhat complicated aspect of the child support guidelines is the formula to determine credit for overnight parenting time.

Under Indiana law, the non-custodial parent can reduce their child support obligation by increasing the number of overnight visits with their child. To determine the amount of the weekly credit, a parent must complete an online worksheet. It is too difficult to estimate the credit in general as it varies significantly for each non-custodial parent.

Determining a child support obligation under the Indiana child support guidelines is no simple task. Further, if there are reasons to deviate from the guidelines this becomes a complicated argument for a parent going into court.

Find Legal Help

Parents should ensure they understand their potential child support payment by consulting early in the process with an experienced Indiana child support attorney.