The Indiana Child Support Guideline changes are as follows:
Removal of the 6% Rule
The Guidelines no longer implement the 6% rule for uninsured health care expenses. The rule was outdated, and it required extensive record-keeping by the parents. Now, parents will share responsibility for uninsured healthcare expenses in proportion to their income shares unless otherwise agreed upon.
Calculating Parenting Time Credit for Varying Overnights
The Guidelines also introduced a new method for calculating the parenting time credit when one parent spends a different number of overnights with their children. This change recognizes that families have their own unique parenting time arrangements that work for their specific situation, which need to be considered for child support purposes.
Revisions to Weekly Support Schedules
The economic models for the Guidelines have been updated to be consistent with current income models, the cost of living, and current child-rearing costs. The new estimates in the schedules have led to increased child support obligations for parents across all income levels, except for those at the lowest income levels.
Additional Clarifications
In addition to the foregoing changes, there are other clarifications and explanations in the updated Guidelines, which include the following;
Submission of Child Support Obligation Worksheet and Deviations by Agreement
The Guidelines make it clear that a Child Support Obligation Worksheet (“Worksheet”) must be provided, and any deviation from the Worksheet’s rebuttably presumed obligation amount must be explained, regardless of whether the parents agreed to the deviation.
Birthing Expenses
The Guidelines also clarify that upon the establishment of paternity, a court will (not may) order the father to pay at least 50% of the reasonable expenses of the mother’s pregnancy and childbirth. Those expenses now include both postpartum and postnatal expenses.
Overall, the changes made represent modern families and the economic circumstances faced by families and co-parents. The hope is that the changes, as well as the explanations and clarifications, will help simplify the process of establishing child support for Indiana parents.
About the Author:
Sadie Dillon-Baatzis a family law attorney with Barrett McNagny. She works with clients to assist them through dissolutions, adoptions, and guardianships and she also serves as a Guardian Ad Litem. She can be reached at sld@barrettlaw.com or directly at 260-423-8914.