Child Support Issues
There are a number of reasons why your Indiana child support case can go back to Court. Has your or the other parties income changed? Are the children getting ready to start college? Have the children turned 18 and no longer in school or enlisted in the military? Does your child have special needs and might need support beyond the age of 21? The list can go on, but some of the more common scenarios include:
Child Support Modifications
Both parents can file for child support modifications periodically. Why might you need a modification? Perhaps, you have a daycare expense that you didn’t have before or maybe the other party no longer has that daycare expense. It could be because you got laid off and had to take a lesser paying job. Maybe there are more overnight visits occurring that weren’t factored into the last child support order. The facts of your individual case will be what greatly impacts a child support order, but generally, the court will look at incomes, other children and child support orders, medical and medical insurance expenses, extraordinary educational expenses, daycare expenses, and overnight visits.
Emancipation
Normally, emancipation (termination of the duty to pay child support) will occur in Indiana when the child turns 21. Emancipation can occur earlier if the child is 18 and has enlisted in the military full-time, is married, or is no longer in school and capable of supporting him or herself.
College Expenses
Indiana law allows for the apportionment of college expenses between the parents and the child. A court will look at several factors in determining an appropriate amount for the parents to pay in deciding a college expense order and what is exactly covered as a college expense. This is not like child support, something that a court is required to order. The Court has discretion as to whether or not a college expense order will even be entered. Determining whether or not college expenses should be ordered and what expenses can be covered is a complicated issue.
Social Security Disability & Child Support
Are you in the process of attempting to receive social security benefits and do you have a child support order? Indiana law may allow for the benefits that you children receive on your behalf to offset any child support that may be due.
There are many time constraints that you have to be aware of when considering this issue, so don’t hesitate to act on modifying your child support order.
Contact the Law Office of Jeffery M. Haupt, your South Bend area child support lawyer, today.
