- August 8, 2024
- CLLB Law
- Family Law
Featured Snippet: Child support obligations are distributed fairly between both parents based on their individual incomes and other data. The calculation sums up the parents’ incomes using weekly gross income as the basis.
Child support calculations are about figuring out how much money one parent should give to the other for their children’s upkeep when separated or divorced.
Discussions around child support are often tough because they involve emotions and money. However, understanding how child support calculations work can make these conversations easier.
Both parents can set realistic expectations and have healthy discussions without feeling cheated or unfairly treated. It also reduces the potential for conflicts and enables both parties to focus solely on meeting their children’s needs.
You’re in the right place if you are going through a divorce in Indiana or Kentucky and wonder how child support is calculated. This article delves into child support calculations in these locations. However, we shall begin with what child support really is.
What Is Child Support?
Child support is an ongoing, periodic payment made by a parent after the end of a marriage or when unmarried parents split. It ensures children live as comfortably as they would if their parents had remained together.
Both parents are expected to contribute to the children’s expenses, just as they would have done if they were still together. These may include housing payments, groceries, clothing, and other necessities.
Since children still require comfort after a split, it is only fair that both parents continue to contribute to their expenses, so a court order may be issued to direct one parent to make payments to the other.
People often assume that the father always pays child support to the mother or that the “custodial” parent always receives support. This isn’t necessarily the case. Depending on their incomes, the court may order the parent who has the children most of the time to pay child support to the other parent.
How Is Child Support Calculated in Indiana?
Under the Indiana income shares model, the child support calculation sums the parents’ income using weekly gross income as the basis. This includes wages, income from self-employment, rent income, royalties, overtime, commissions, bonuses, etc. If a parent has no income, potential income may be calculated and used, or minimum wage may be “imputed” to them.
Other expenses are added to the award besides the basic child support obligation covering day-to-day living costs. This includes work-related child-care expenses and the costs of health insurance premiums. Child support does not cover the costs of education and extra-curricular activities.
This also includes any support provided for other children and spousal maintenance. Afterward, the child support obligation is divided between the parents based on their respective proportionate share of the weekly adjusted income.
How Is Child Support Calculated in Kentucky?
In Kentucky, child support is shared proportionally between both parents based on their separate incomes.
Similar to Indiana, calculating child support income involves reviewing income from self-employment or business operations. This determines the right level of gross income available for a parent to fulfill their child support obligations. Moreover, child support is calculated based on potential income if a parent is unemployed or under-employed.
Both parties may agree to pay a different amount in accordance with the Kentucky and Indiana child support guidelines. However, they need the court’s approval to make this happen.
The court may also increase or reduce the child support amount. This often occurs if the guideline amount is unfair to a parent or does not adequately cover the child’s financial needs.
How Do You Change a Child Support Order?
Parents who can’t afford to pay child support obligations or those who believe the other parent isn’t paying enough can modify the child support order.
However, to get your court order changed, you must be able to prove that:
- There has been a substantial and continuous change of circumstances since the last order.
- The previous order is at least 12 months old. OR
- Moreover, the amount of support calculated under the current child support guidelines is at least 20 percent different from the existing order.
Both Indiana and Kentucky have simplified the calculation process with online applications, allowing attorneys to plug in the relevant numbers and print out the results. Yet, calculating child support obligations or navigating such cases can be complicated.
Therefore, it’s crucial to hire competent child support attorneys to help with your case. Experienced child support lawyers will educate you on the right steps to take, whether it’s computing or modifying the child support order.
Talk to Knowledgeable Child Support Lawyers at The CCLB Law Firm
If you’ve been involved in a child support case, you need experienced attorneys to evaluate your case’s peculiarities and show you how to proceed. Our dedicated child support attorneys at Church, Langdon, Lopp, Banet law firm are here to provide all the legal assistance you need. Based in New Albany, Indiana, we proudly serve communities throughout Kentuckiana, Floyd County, and Clark County, IN.
If you have questions about this topic, including computation and modification, ask our knowledgeable child support lawyers at the CLLB law firm. We have years of experience helping clients with cases similar to yours.
Contact us now at (812) 725-8224 or through our online form to get started.
Attorney Steve Langdon
Licensed to practice in both Indiana and Kentucky, Steve Langdon is an experienced elder law and trial attorney. In addition to his litigation and trial work, Steve’s practice includes wills, trusts, probate, Medicaid planning, guardianship, powers of attorney, and advanced directive planning, including living wills and health care surrogate designations. [ Attorney Bio ]