NEW Indiana Child Support Guidelines 2015

The Indiana Supreme Court issued an order amending the Indiana Child Support Guidelines on November 5, 2015.  Below I have summarized many of the changes.  A copy of the Order can be found here. 

• clarifying that the Guidelines apply to “educational support”;
• the Guidelines apply not only to dissolution and paternity actions, but also juvenile proceedings, as well as third-party custodian and guardianship matters;
• deleting language setting minimum support at $12.00 weekly;
• that “if there were specific living expenses being paid by a parent which are now being regularly and continually paid by that parent’s current spouse or a third party, the assumed expenses may be considered imputed income to the parent receiving the benefit”;
• an adjustment to support for subsequent legally adopted children;
• as to health care coverage, if the coverage is provided without cost to the parent(s) then zero should be entered as the amount; and, if health insurance coverage is provided through an employer, only the child(ren)'s portion should be added, and only if the parent actually incurs a cost for it;
• clarified how to credit social security benefits to a custodial parent;
• updating the Guidelines to follow the “new” emancipation age law;
• defines which education expenses are controlled expenses and which are extracurricular expenses;
• incorporates the Affordable Care Act –“The rebuttable presumption that all children have insurance available at a reasonable cost recognizes the purpose of the Affordable Care Act. Courts should consider any exemption under the Affordable Care Act as sufficient to rebut the presumption that insurance is available at a reasonable cost” ;
• a new provision regarding “Self-Monitoringand Compliance” with the requirement to provide coverage, based on the tax penalties in the Affordable Care Act;
• a removal of the HIPW worksheet and provisions;
• the following language related to the FAFSA form and whether the Court should enter a post-secondary expense order; and
• a consideration of how the right to claim a child as a dependent on a parent’s taxes may affect health insurance subsidies or tax penalties under the Affordable Care Act; shall be prorated by the number of persons covered to determine a per person cost.

To discuss this further please contact me.  

Summer Camp & Extraordinary Expenses - Indiana Child Support Law

This post discusses how the  Indiana Child Support Guidelines  suggest summer camps and summer activities should be shared by the parents, as well as other practical considerations related to summer expenses.  

First, it is important to note that the basic child support payment does not include costs associated with summer camps and the like.  Consider the language of  the Guidelines:

Other Extraordinary Expenses

The economic data used in developing the Child Support Guideline Schedules do not include components related to those expenses of an ”optional” nature such as costs related to summer camp, soccer leagues, scouting and the like.  When both parents agree that the child(ren) may participate in optional activities, the parents should pay their pro rata share of these expenses.  

So, when parents agree the costs are generally split pro rata (per the respective income percentages set forth on the child support worksheet or in the support order).  However, where parents do not agree the judge, and, therefore the attorneys, will analyze the necessity of the expenses and the reasonableness of the expenses. 

Believe it or not, I’ve seen one parent simply not agree to any camps, activities, or extraordinary expenses, because they believe that by not agreeing they can save themselves from having to pay anything towards these expenses.  This is not a reasonable position, and it is important to note that the Guidelines do not support this position; rather, they provide that the court can assign the responsibility to pay for these expenses considering:

·        Each parent’s ability to pay;

·        Which parent is encouraging the activity;

·        Whether the child(ren) has/have historically participated in the activity; and,

·        The reasons a parent encourages or opposes participation in the activity. 

If you are in a dispute involving the responsibility to pay extraordinary expenses please review the Guidelines and the appropriate support order. If these disputes continually occur consider modifying the support order at issue and adding specific provisions to address how decisions regarding extraordinary expenses should be reached and how they will be paid.  Sometimes it is helpful to state how long one parent has to reimburse the other parent.  Also, mediation, a collaborative law meeting  and/or a parenting coordinator are good alternatives to litigation to help resolve these disputes.  

To discuss this further please contact me.