Indiana generally allows child support modifications every 12 months, if the amount of support would change by at least 20%.
This means go up or down by at least 20%.
For example, if your current support amount is set at $50 per week, then for it to be modified down, a new child support worksheet would have to show an amount of $40 per week.
Likewise, for the amount of support to increase the amount would have to go $60 a week.
With that quick overview of how child support gets modified in Indiana, what circumstances will generally lead to a modification? Unemployment If you have experienced a recent job loss, you should consider a support modification even if you are receiving unemployment.
Chances are that even with receiving full unemployment, it is likely that a support modification would be warranted.
Furthermore, if you are experiencing long term unemployment the Indiana Child Support Guidelines provides the Court with some discretion to take that into consideration when setting a new support order.
Prison Sentence When calculating a support order for inmates, the Indiana Supreme Court has made it clear that you have to consider actual income available to that person.
For inmate that may be an amount between $17 to $80 per month depending on the job that an inmate has.
Based on that situation a prisoner may be looking at a very minimal support order, which can save him or her from owing thousands of dollars in back support during the period of incarceration.
Disability If you are attempting to obtain social security disability and you have a current support order, you really need to consider a modification.
Under the current Indiana law, the Court can only consider a modification request back to the date a petition was filed.
When it comes to social security disability, you may be stuck in the process for several years with no ability to work, which means no ability to pay child support, so filing a modification will allow you to get immediate relief (there is no guarantee that your social security application will be approved).
More importantly, when it comes to filing disability, the Social Security Administration will back date awards, which means that you will recover disability for a previous time period as well.
What happens in many cases is that your child may also be able to receive a retroactive award based on your disability status.
If that is the case the family law court may consider that award as child support ONLY to the date that a petition to modify was filed.
So if you wait to file your support modification until after your social security disability has been approved, you may lose the ability to have any of your support offset by the lump sum award the child receives.
As you can see, it can be quite confusing, so it is best for you to consult an attorney in regards to this matter.
For more information or to discuss your specific case, you can visit my website, South Bend Child Support Lawyer.