Who pays for school supplies, clothes and fees? Indiana Child Support and Custody Law

It’s time to go back to school and a recent survey found that the average amount spent on back-to-school supplies and clothes is approximately $600.00 per child.  In terms of consumer spending, back-to-school shopping is only eclipsed by christmas/holiday shopping.

When parents are divorced, or were never married and live separately, who pays for the school supplies and clothes?

Some court/support orders set out who pays for what specifically in the order, but most do not.  For those that do not, the default is that the primary custodial parent pays for these items. Why? Because that parent generally is the parent who receives support (for an exception read this) the child support guidelines are premised on the assumption that the custodial parent bears these costs. The purchase of these items is one of the reasons the primary custodial parent receives child support.

However, if the parents share physical custody and there is not a primary custodian, then they must decide who is going to be responsible for the "controlled expenses". The guidelines define controlled expenses as follows:

Controlled Expenses. This type of expense for children is typically paid by the custodial parent and is not transferred or duplicated. Controlled expenses are items like clothing, education, school books and supplies, ordinary uninsured health care and personal care. For example, the custodial parent buys a winter coat for the child. The noncustodial parent will not buy another one. The custodial parent controls this type of expense. The controlled expenses account for 15% of the cost of raising the child. The parenting time credit is based on the more time the parents share, the more expenses are duplicated and transferred. The controlled expenses are not shared and remain with the parent that does not get the parenting time credit. Controlled expenses are generally not a consideration unless there is equal parenting time.

If you have a child in private school or some other type of special school these costs are considered separately.   The guidelines call these "extraordinary educational expenses" and provide as follows:

Extraordinary educational expenses may be for elementary, secondary or post‑secondary education, and should be limited to reasonable and necessary expenses for attending private or special schools, institutions of higher learning, and trade, business or technical schools to meet the particular educational needs of the child.

 a. Elementary and Secondary Education. If the expenses are related to elementary or secondary education, the court may want to consider whether the expense is the result of a personal preference of one parent or whether both parents concur; if the parties would have incurred the expense while the family was intact; and whether or not education of the same or higher quality is available at less cost.

In any case, the best practice as to school costs is to have the payment of these costs detailed in the support order.  Otherwise, if the costs are to be shared, make sure the costs are discussed prior to being incurred so that each parent knows their responsibility. If an impasse occurs, mediation is a great way to resolve the dispute. For a video regarding mediation, see here. 

Laws Effective July 1, 2010 - Indiana Family Law Changes - Child Support, Adoption, Paternity, Name Change and Juvenile

This posting is a collection of changes in the law, effective July 1, 2010, that affect Indiana Family Law issues. We pulled these summaries and links from a blog the State of Indiana publishes regarding new laws.

Change of name requirements
H.E.A. 1047, P.L. 61-2010
Effective July 1, 2010
Requires that a petition for a name change: (1) include specified proof of identity for persons at least 17 years old, including a driver’s license number, date of birth, etc.; (2) be filed with the circuit court of the county in which the person resides; and (3) (if filed by a person at least 17 years old) be affirmed under penalties of perjury. Removes a provision requiring a parent or guardian of a minor child who wishes to change the name of the minor child to publish the first notice of the petition for the name change not more than seven days after the date the petition is filed.

Adoption matters
S.E.A. 140, P.L. 21-2010
Effective March 12, 2010 (§ 1-9); July 1, 2010 (§ 10-11)
Enacts IC 31-14-5-9 to provide that a man who is barred from establishing paternity under IC 31-19 (adoption), is prohibited from establishing paternity by filing a paternity action as next friend of the child or requesting a prosecuting attorney to file a paternity action.
Amends IC 31-19-4-4, IC 31-19-4-5 and IC 31-19-9-12 to provide that if a man receives notice of adoption, he must file a notice to contest the adoption in the adoption court and cannot file a paternity action to contest the adoption.
Amends IC 31-19-5-1 to provide that on or before the date the mother executes a written consent to the child’s adoption, a man is only required to register with the putative father registry if the mother has not disclosed the name or address of the putative father to the attorney or agency arranging the child’s adoption.
Amends IC 31-19-9-2 to provide that once a person executes a consent to the adoption of a child, the same person may not execute a second or subsequent consent to adopt to another person, unless the steps in this section are taken to withdraw the first consent.
Amends IC 31-19-11-1 to provide that a court may not grant an adoption to a person convicted of an attempt or conspiracy to commit a felony listed in this section or who is a sexually violent predator.
Amends IC 31-35-2-4 and IC 31-35-2-5 to provide that a petition to terminate parental rights in either a CHINS or delinquency case may indicate that the child has, on two separate occasions, been adjudicated a CHINS.
Amends IC 35-46-1-21 and IC 35-46-1-22 to provide that only an attorney or child placing agency licensed under Indiana may place certain advertisements about adoptions or provide adoption services.

Various child support matters
S.E.A. 163, P.L. 80-2010
Effective July 1, 2010
Requires a court to immediately withhold child support in all cases, rather than only Title IV-D cases, unless the parties submit a written agreement in the record which meets certain requirements and is approved by the court. Establishes the information to be included in an income withholding order.
Establishes the withholding of cash winnings of support obligors who are delinquent in court ordered child support if delinquent more than $2,000 or three months past due. Provides penalties for noncompliance with these provisions.
Removes the mandatory reinstatement fee for a driver’s license suspended because of delinquent child support.
Requires a guardian or custodian to make a good faith effort to cooperate with the Child Support Bureau and certain other agencies regarding certain paternity and child support matters, including assisting a prosecutor to locate or identify parents and provide other requested information. Defines good faith effort to cooperate. Provides that a parent, custodian or guardian who refuses to cooperate in a paternity action or the establishment or enforcement of a child support order is subject to sanctions or revocation or suspension of TANF benefits.
Provides that a court may consider a child emancipated if the child is on active duty, rather than only enlisted, in the United States armed forces.
Provides that a parent shall supply the following information to the Clerk for entry into ISETS: (1) mailing address, (2) telephone numbers, (3) date of birth, (4) driver’s license number, and (5) social security number. The address does not have to be supplied in the case of a participant in the address confidentiality program under IC 5-26.5.
Establishes that a party affected by a support order must notify the Clerk and the State Central Collection Unit of any change of address not more than 15 days after the party’s address is changed. Provides that when a support order is issued or modified, the parties shall inform the child support bureau of the receipt of any AFDC, TANF and the social security number of a child affected by the order.
Requires a court or administrative agency in any child support enforcement action to deem state due process met for a party if a diligent effort was made to ascertain the location of the party in child support cases. Diligent effort in this case means mailing written notice to the party at the most recent residential or employer address filed with the clerk or state central collection unit.
Provides that a court may not consider a parent’s absence or relocation due to active duty service as a factor in determining custody or permanently modifying a child custody order. If a court temporarily modifies a custody order due to active duty service, the temporary modification order terminates automatically not later than 10 days after the date the parent notifies the temporary custodian in writing the parent has returned.
Requires a court to order the parent(s) in a support modification proceeding to prove medical support for the child if a Title IV-D agency petitions for the modification and the coverage is available to the parent at a reasonable cost.
Requires an employer to transfer the National Medical Support Notice to the employer’s health insurance plan within 20 days after the date of the National Medical Support Notice.
Provides for the distribution of withheld income pro rata among the persons entitled to receive the support and in manner that will not result in one of the current child support obligations not being honored.
Provides an income payor is not required to vary the income payor’s normal pay and distribution cycles in order to comply with the income withholding provisions. Provides an income payor is not subject to civil liability for income withheld and paid in accordance with an income withholding order that appears regular on its face.
Provides that the Child Support Bureau shall petition a court to establish paternity and support, including health insurance coverage.
Prohibits a person from disclaiming an interest in property up to the extent of the person’s child support arrearage.

Custody and parenting time matters
S.E.A. 178, P.L. 25-2010
Effective July 1, 2010
Amends IC 16-37-2-2.1 to provide that the paternity affidavit shall contain a statement that the parents agree to share joint legal custody of the child, and if not, mother has sole legal custody. Defines joint legal custody and gives mother primary physical custody of the child.
Establishes a statement with signature lines on the paternity affidavit affirming that a person under eighteen (18) years of age had a chance to consult with an adult before signing the affidavit. Provides that parenting time under the paternity affidavit shall be under the parenting time guidelines.
Provides that, if there is an action to establish custody or parenting time of a party who has agreed to share joint legal custody, it shall be tried de novo.
Provides that, before the paternity affidavit is signed, it must be presented separately to the mother and the father so that they each may review it alone. A paternity affidavit is voidable if this does not occur.
Provides that an agreement to share joint legal custody is void if either the following applies: (1) a genetic test indicates a person is not the biological father; (2) the father fails to submit to a local health officer, and not later than sixty (60) days after the date of the child’s birth, the results of a genetic test indicate the person is the biological father.

Juvenile, education, and law enforcement matters
H.E.A. 1193, P.L. 74-2010
Effective July 1, 2010
Establishes the Law Enforcement, School Policing, and Youth Work Group to study and recommend to the General Assembly: (1) legislative changes; (2) training curricula for use by the Indiana Law Enforcement Academy for law enforcement interactions with juveniles; (3) training curricula for school resources officers, teachers, school administrators, school corporation police officers and privately contracted security officers; (4) guidelines for school districts to adopt to reduce juvenile involvement in the juvenile justice areas; (5) whether school security guards should be able to make arrests, conduct searches, and carry firearms on school corporation property; and (6) other related areas. The Work Group shall conduct its first meeting by August 1, 2010 and issue a report before July 1 each year.
Requires all school corporations to submit a student safety report by July 1 each year to the Department of Education containing the number of arrests on school property, offenses, employee contacts with law enforcement that resulted in arrests off school property, whether the school corporation has school police or private security guards and other information.

Public Hearing on Review of Indiana Parenting Time Guidelines 2010

The Indiana Domestic Relations Committee is in the process of reviewing the Indiana Parenting Time Guidelines. There was a public hearing on May 21, 2010. You can watch the entire hearing here. Citizens and legal professionals alike commented at the hearing.

One of the more interesting comments was that the new Child Support Guidelines are encouraging litigation and harming children. The recently amended Guidelines have an enormous impact on the support amount paid by "high earners." Formally, due to a parabola formula, child support leveled off for high earners. However, now, the there is no level off and support is paid as a flat percentage of what is earned. This changes causes the amount of "parenting time credit" a parent receives, which reduces that parent's child support obligation, to have an meaningful financial impact. An attorney commenting at the hearing described that at extreme incomes this can result in each overnight being worth $5,000 in terms of annual child support. He opined that this creates an strong financial incentive for parents to fight over overnights with the child, so as to reduce or increase the parenting time credit. If true this is certainly an issue worth considering, because if the parents are encouraged to fight the child suffers.

There were many other issues brought up at the hearing, such as: the idea that the Guidelines are a minimum suggested amount of time; the first right of refusal/opportunity for additional parenting time; holiday parenting time conflicts; relocation related parenting time issues; how to enforce parenting time; virtual parenting time; and the application of the Guidelines to domestic or family violence situations.

We will follow this as it progresses.