Thursday, February 12, 2015

Indiana Child Support: Why is it so difficult?

Indiana child support is governed and determined by the Indiana Child Support Guidelines, and in reality by the Child Support Obligation Worksheet.  The State of Indiana provides a free online calculator at Indiana child support.

This post is not going to explain how to calculate child support, or how to collect it, or how to raise it or lower it.  Indiana child support is designed and intended that parents can exchange their income and payment information, decide on the number of overnights the non-custodial parent receives, and calculate the child support obligation.  And like every well-intentioned government program, it almost never works that way.

My 20+ years of experience in litigating Indiana, Marion and Hamilton County child support cases - and sometimes sitting as judge pro tem in deciding child support cases - leads me to these realizations: generally, the person receiving child support views any modification downward as a "cut in pay" and the person paying child support views any modification upward as a "punishment" for making more money.  That the money is intended for the children is usually factually disputed (but never ignored by the Court).

So bitterly fought (that lawyer code for "expensive") battles rage over determining income; deciding which health insurance plan to use; fighting over the cheap daycare versus the best daycare; etc.

There can be an alternative.

Possibly the increase in child support can be paid to cover the cost of a child's new activity? Or is placed into a college fund to be credited to both parents when college time rolls around? Or can be a down payment on a child's car (cars are not considered at all in the Child Support Guidelines).

The point is that parents can develop their own personal - and family-specific - child support guidelines.  It takes creativity, experience, and the ability to think outside the box when it comes to a cash payment between parents. It is this kind of alternate approach that can satisfy the needs of both parents, give maximum assistance to the child, and not have the family die on every litigation hill.

I have over 20 years family law experience, in 2 states - Indiana primarily and Illinois - and a broad range of litigation experience (family law to patent and international trademark and domain name).  I have appeared in over half of the counties in Indiana, so my experience is virtually state-wide.  My focus is developing an aggressive strategy focused on achieving your goals as cost effectively and efficiently as possible.  Your focus is on your family.   Your lawyer's focus should be also.

Please schedule a 1 hour strategic review of your situation.  If you are in litigation, you will have a written strategic plan and goals.  We can also plan your action steps to put you in the best situation if or when litigation occurs. Use our CONTACT page and I will call you within 24 hours.

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