Serving Indiana Since 1994

Steps to take when modifying child support in Indiana

by | Aug 16, 2018 | Child Support

You lost your job, and your financial situation greatly changes. You prove unable to pay your designated child support, and you hope to modify the support amount through Indiana court.

Filing to modify your child support payments involves following specific steps to ensure your agreement’s legality. The court accepts modifications even if you and your ex-spouse do not agree on the change’s terms. It is essential to remember that the court keeps the safety and financial security of your child as its overarching priority, so that your child may still receive accurate and sustaining support payments. Know that if your circumstances change, Indiana court will work with you to determine the best terms of a modification.

The process of changing your child support payments

Many instances indicate the need for modifying your payments. Indiana court law must consider two elements.

  1. You must experience a substantial and continuing change of circumstances; or
  2. Your previous court order is at least one year old, and the amount of support calculated under Child Support Guidelines differs from your current order by 20%.

Indiana court works to determine the best financial interest of your children, but it takes your immediate situation into account when determining specific amounts. If you lost your job and hold no current income, a court may agree to change your payment arrangement.

If you lose your job, this does not automatically indicate that you may stop your payments. Only a court order may legally modify child support.

Obtaining a court order

You must follow simple steps to obtaining a new child support court order.

  1. First, you must fill out a form packet related to your modification. Signing, dating and making copies of each form is essential, so that you do not lose track of necessary documents.
  2. Next, you must ensure that you fill out forms keeping confidentiality in mind. Though the public may obtain many individual court orders, some important information must be filed on light green paper in Indiana child support packets. Information that should be provided on light green paper include:
    • SSNs
    • Bank account information
    • Medical records
    • Tax records
    • Child abuse records
  3. After, you must file your forms with your court. You must receive a stamp from the Clerk of the Court to verify the documents.
  4. Lastly, if you and your ex-spouse disagree about the terms of the modification, you will need to attend a court hearing. A judge will look at all information regarding the changes and rule in favor of the best outcome for your child.

Using the help of an experienced attorney, you can ensure that all your documents are correctly filed, and that you have solid representation. Indiana judges strive to help families dealing with divorce and job loss get back to running functionally, so know that if you require assistance, the court may alter payments until you can regain employment.