March 5, 2020
March 5, 2020
Children require many years to grow up, and their expenses or circumstances might change over time. Family law recognizes multiple reasons that could authorize the reduction of child support payments in Indiana. To request an alteration of payments, you must file a petition to modify child support with a family court. Usually, you would approach the same family court that issued your current child support order. Your legal filings must document a substantial and continuing change in circumstances that would justify the issuance of a new support order for a lower amount.
Change in Income
An ongoing decrease in your income or a rise in the recipient’s income could call for an adjustment. Although the State’s child support guidelines might ultimately authorize a payment reduction based on your income loss or hardship, you must continue meeting the financial obligations set forth within your current support order until it is changed.
Birth of Subsequent Children
The birth of additional children to either parent involved in a child support case could call for a recalculation of support amounts.
Changes in Child-Related Expenses
Health insurance, medical expenses, or childcare costs can rise or fall depending on many factors. If child-related expenses have gone down, then you could file a petition to modify child support.
Changes in Overnight Parenting Time
The amount of time that children spend with you overnight influences support amounts. When your overnight parenting time increases, a family court could approve a decrease in payments.
Support Order Does Not Reflect Legal Guidelines
Potentially, a court might decide that your existing support order does not represent a reasonable amount. A child support order that deviates from what child support guidelines would authorize by at least 20 percent might qualify for an adjustment. At least 12 months must pass under the terms of your existing order before you can request a re-evaluation and modification. A Carmel Indiana attorney who practices family law could assess your situation and determine if you might succeed with a modification petition based on this reason.
At times, both parents accept that support amounts should be decreased. Even so, you must still petition a court and obtain an official modification of child support payments in Indiana. Otherwise, you would be legally responsible for the terms of your current order regardless of a verbal agreement with a co-parent.
Learn About Your Legal Options
You can speak with a Carmel Indiana attorney at Webster & Garino. We have represented many family law cases and helped people establish fair support orders. Call our office at (317) 565-1818 to schedule a free initial consultation.
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