COA affirms father must pay $876 in child support to non-custodial parent

February 3, 2015

There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.

Father R.B. and mother K.S. divorced in 2006 and agreed at that time to share physical and legal custody of their two children. But in 2013, mother became concerned that she did not have adequate time to spend with her kids because father had them involved in baseball and basketball. Father then filed a petition for full physical and legal custody after mother asked him to limit the children’s activities. She then sought full and physical custody.

The trial court granted father legal custody of the children with the physical custody shared by the parents. Father was ordered to pay $876 per week in child support to mother.

He appealed in R.B. v. K.S., 48A05-1406-DR-275. The appeals court found that the trial court correctly determined that he would have legal custody and both parents would equally share parenting time. It also found that the court correctly determined the amount of child support he had to pay his ex-wife.

Based on her income, which was 2.6 percent of the parents’ total weekly income, she was found to be liable for $43.94 per week in child support, but because she would have equal parenting time, she was given a credit of nearly $1,020 per week. Father makes $15,000 a week. This meant that now father would have to pay child support to her. The $876 figure takes into account father must pay for all extracurricular activities for the kids, school expenses, and medical expenses not covered by insurance.

The Child Support Guidelines were amended in 2010 to allow for custodial parents to pay non-custodial parents child support, Judge John Baker wrote. He also pointed out that the amount he must pay mother was calculated pursuant to the guidelines and is actually lower than the amount called for by the guidelines.

The appeals court denied mother’s request for appellate attorney fees. The parties are directed to proceed pursuant to the trial court’s order, which was stayed pending appeal.


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