ILNews

Changes coming to Child Support Rules

Back to TopE-mailPrintBookmark and Share

An order issued by the Indiana Supreme Court today amending the state's Child Support Rules and Guidelines caused two justices to dissent in part over worries a change may alter precedent. The amendments take effect Jan. 1. 2010.

Justices Frank Sullivan and Robert Rucker dissented in part from the amended guidelines because they believed they overrule Grant v. Hager, 868 N.E.2d 801 (Ind. 2007), which held there is a rebuttable presumption that neither parent owes the other support in circumstances where the Child Support Obligation Worksheet calculation produced a negative amount for the noncustodial parent's child support payment because of the application of the Parenting Time Credit. Under the amendments, there will now be a rebuttable presumption in such cases that the custodial parent must make child support payments to the noncustodial parent equal to the negative amount.

"We believe that the Guidelines' presumption in such circumstances should continue to be that neither parent owes the other support," the justices wrote. They also noted, notwithstanding this amendment, that the trial court has the authority to deviate from the Guidelines amount and order that neither parent owes the other support based on their respective incomes and parenting time arrangements if the court concludes it would be unjust not to do so, and then makes the written finding mandated by Child Support Rule 3.

In the order detailing the changes, the high court cautioned against attributing potential incomes that result in unrealistic child support obligations and may cause excessive arrearage.

"Research shows that on average more noncustodial parental involvement is associated with greater educational attainment and lower juvenile delinquency," the order noted. "Ordering support for low-income parents at levels they can reasonably pay may improve noncustodial parent-child contact, and in turn, the outcomes for their children."

Other notable changes to the guidelines:

- The order put Health Care and Medical Support, and Extraordinary Expenses into new, separate guidelines and expanded on both topics.

- A new, revised low-income adjustment sets the obligation amount for combined weekly incomes of $100 at $12 for one child; the current Guidelines assign $25 per week for one child.

- The order adjusted the schedules for weekly support payments to include combined weekly adjusted income between $4,000 and $10,000; previously a formula was provided for those incomes above $4,000. A formula will now apply to incomes above $10,000.

- Under the new guidelines, Social Security Disability benefits paid for a child are now recognized as income of the disabled parent who earned the benefits, and those benefits are included in the Weekly Gross Income of that parent. Excess SSD benefit shall be applied as payment toward an existing arrearage, and once the arrearage is satisfied, any SSD benefit that exceeds the current support obligation is considered a gratuity. The revised guidelines change the law regarding the application of SSD benefits, and the holding in Hieston v. State, N.E.2d 59 (Ind. Ct. App. 2008), and its progeny, have been superseded by the change.

In addition to the Child Support Rules and Guidelines, the Supreme Court issued an order today amending the Rules of Evidence to require certain statements be recorded before they can be entered into evidence in Indiana trial courts. Click here to read more about this change.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT