New Child Support Guidelines - Controlled Expenses

The Indiana Supreme Court has amended the Indiana Child Support Guidelines and ordered the changes effective January 1, 2010. The are many important changes. Too many for one blog posting.

One very positive change is that the guidelines are now clear as to who must pay for the 'controlled expenses' associated with raising a child, such as the winter coat and the basic school costs. Furthermore, the definition of 'controlled expenses' should help clear up disputes about who pays for school books and basic clothes. Parents will decide who pays for these costs by designating a 'primary physical custodian,' or if they share equal time with the child(ren), they will need to designate someone as the person who will pay the 'controlled expenses'.

The amended order defines '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.

This definition was much needed. Undoubtedly there will still be disputes over the basic costs associated with raising the child(ren), but the Supreme Court helped the trial courts, attorneys and parents involved with this definition.

IMPORTANT NOTE: The new guidelines do not change the fact that the cost of having your attorney argue over who should pay for the winter coat, is likely more than the winter coat itself. Buy two.

Indiana Divorce Mediation - Divorce and Family Law Mediation Rules Change

Beginning January 1, 2010, mediators can now be more helpful for parties and courts. Mediators can now assist the parties in drafting the settlement agreement, divorce decree and child support worksheets which need to be filed to make a divorce effective, or the settlement documents to resolve a paternity, custody or child support dispute. Prior the rule amendment, there was ethical 'grey area' regarding whether a mediator could draft the documents. Most mediators did not get involved in drafting the settlement documents that were to be filed with the court.

This rule change will also assist judges. With mediators creating and filing the documents, in theory, the documents will be in a format the judge will be able to review more efficiently. In cases with child-related issues there are often multiple documents that need to signed and filed. The mediators should be a better position than the parties to get the necessary documents filed.

The rule changes are available here. For a list of certified family law mediators go here.

In conjunction with the forms, child support calculator, and videos the Indiana Supreme Court has made available on its website, it is easier for unrepresented parties to resolve their disputes through mediation, rather than expensive litigation.

Indiana Child Support - New Child Support Calculator

Previous postings (here, here, here and here) have detailed the amendments to the Indiana Child Support Guidelines, which will be effective January 1, 2010. On January 1, 2010 the Supreme Court of Indiana will update its online child support calculator to incorporate the amendments. The online calculator will be found here, and, as always, is free.