Changes to the Indiana Parenting Time Guidelines were approved by the Indiana Supreme Court. The approved Guidelines went into effect on March 1, 2013. Here is a link to the Supreme Court Order amending the Indiana Parenting Time Guidelines effective 2013. Below is a discussion of the Guidelines.
Importantly, existing parenting time orders in effect on March 1, 2013 shall be enforced according to the parenting time guidelines that were in effect on the date the parenting time order was issued. Also, changes to the Indiana Parenting Time Guidelines does not alone constitute good cause for amendment of an existing parenting time visitation order; however, a court or parties to a proceeding may refer to these guidelines in making changes to a parenting time order after the effective date of the guidelines. The commentary to the new Guidelines suggests that parents who agree that current changes to the Indiana Parenting Time Guidelines are in their child’s best interests should file their written agreement with the court for approval.
There are significant changes to the Guidelines, far too many for one posting. Here is a list of some of the most significant changes:
- The use of calendars and parenting plans is strongly encouraged.
- The Guidelines are the minimum amount of time and not a default: "Because the parenting time guidelines are minimum standards, it is recommended parents and courts not “default” to these guidelines in lieu of a consideration of the best parenting time plan."
- Strongly states that children are not to make parenting time decisions.
- A list of the unacceptable reasons to deny parenting time.
- Clarifying the hierarchy between Summer and Holiday parenting time.
- Requires all notices of Summer parenting time to be given in writing and verbally.
- Suggests access to "technologically advanced communications systems" such as video chat and Skype.
- Sometimes, due to holiday parenting time, a parent may have 3 weekends in a row.
- Fall break, MLK and President's Day are added to the Holiday schedule.
- New Year's Eve and New Year's Day have been dropped from the Holiday Schedule.
- The Winter Break schedule has been redefined and split equally.
- A suggestion that parents split Fall and Spring vacation breaks on balanced school calendars equally.
- Parallel Parenting is introduced. There is a model order for parallel parenting.
- "High Conflict" is defined. Parallel parenting and parenting coordination are offered as resources to assist where "high conflict" persists.
To discuss this please contact me. To see all of my postings on this topic search here
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he Indiana Parenting Time Guidelines were amended (in other words changed) on March 1, 2013. I summarized the changes here and published a copy of of the "new" guidelines here. However, the Guidelines do not automatically apply to cases decided under the "old" parenting time guidelines. Specifically, the "new" Guidelines provide:
Existing parenting time orders in effect on March 1, 2013 shall be enforced according to the parenting time guidelines that were in effect on the date the parenting time order was issued.
Which guidelines apply to your case? In addition to the "new" guidelines there are parenting time guidelines as amended in 2001 (the "old" guidelines). As I did not readily find where the "old"guidelines were available on the Indiana government site so I've published PDF copies of the "old" guidelines here.
Also, the 1997 Hamilton County Visitation Guidelines are here.
o discuss this please contact me. To see all of my postings on this topic search here.
The new child support law holding that support ends at age 19 trumps previous dissolution orders that extended support past age 19. The Indiana Lawyer describes how the Court of Appeals reviewed and decided this issue:
In David A. Turner v. Debbie L. Turner, 85A02-1208-DR-704, David Turner argued that based on the July 2012 amendment to Indiana Code 31-16-6-6, the trial court should have granted his petition to terminate child support for his 19-year-old son Cody. The amendment says the duty to support a child, which does not include support for educational needs, ceases when the child becomes 19, with some exceptions not applicable to the Turners.
When David Turner and his wife Debbie divorced in 2000, the final dissolution decree said that David Turner would pay child support for Cody until he reached the age of 21, or is married, leaves home or is emancipated. After the amendment that decreased the age for termination of child support took effect, David Turner sought to stop paying support for Cody.
Debbie Turner believed the dissolution decree entered in 2000 should remain in place. The trial court noted that the language in the decree was “boilerplate” and reflected Indiana law at the time, but denied David Turner’s petition.
“Indeed, the language used by the trial court in the decree, which tracks most of the situations that would trigger the termination of child support, makes clear that the trial court took its lead from the legislature and followed the existing law at the time of the decree regarding the duration that Father would be required to pay child support for Son,” Judge Rudy Pyle III wrote. “However, the trial court ignored the changes in the law regarding the termination of child support. The trial court’s failure to follow the law as set forth by our legislature was an abuse of discretion.
“The trial court had no discretion to go outside the law set out in the termination of child support statute and to extend Father’s duty to pay child support beyond what is required by the law.”
The judges remanded to the trial court to enter an order granting David Turner’s petition and to terminate child support effective July 1, 2012.
The Turner's surely are not the only divorced parents who agreed that support would continue until the age of 21; however, unless there is clear language to the contrary a support order will likely cease at age 19.
