Posts Tagged ‘child support’

How is Establishing Paternity Beneficial for my Child?

Tuesday, May 5th, 2015

por_Dudlo_RayAuthor: Raymond P. Dudlo (bio)

Phone: 812.452.3529

Email:[email protected]

A father’s paternity can be established by the following:

  1. If the child was born of the mother and father’s marriage,
  2. If the parents are unmarried and they sign a paternity affidavit, or
  3. A court establishes paternity.  Establishing paternity will primarily focus on establishing a child support and parenting time order for the child.  Generally, upon establishing paternity the father will be ordered to pay child support to the mother and will have regular parenting time with the child.  Public policy believes that both of these are of great benefit because the child will be able to establish a meaningful relationship with their father and the child’s caretaker will receive financial aid to help care for the child. (more…)

Parenting Time Cannot Be Bargained Away

Tuesday, October 7th, 2014

por_Lonnberg_Kelly_AAuthor: Kelly Lonnberg (bio)

Phone: 812.452.3505

Email: [email protected]

In perhaps the most publicized family law case in recent times, the Indiana Supreme Court has reaffirmed long-established law that any agreement to contract away child support rights is directly contrary to the public policy of protecting the welfare of children and is therefore void. Visitation rights and child support rights are separate issues, and both are rights possessed by the child. Indiana code 31-17-4-2 provides that parenting time should not be restricted unless time spent with that parent might endanger a child’s physical health or impair the child’s emotional development. Additionally, the child has a right to receive financial support from both parents. These rights should not be co-mingled by trading parenting time for reduced or eliminated support orders. Justice David of the Indiana Supreme Court issued a strongly worded opinion including, “The concept of parents negotiating away parenting time as a means to limit the obligation to pay child support is repugnant and contrary to public policy. Attorneys should refuse to be part of such discussion and should advise their clients that any such discussion is unacceptable.”  Perkinson v.  Perkinson, 989 N.E.2d 758 (Ind. 2013). (more…)

Back to School Shopping – Hidden Conflicts for Many Families

Tuesday, October 29th, 2013

Back to school shopping for your kids is an expensive time of the year. Back to school costs seem to be the biggest source of conflict outside of the payment of extracurricular costs. (more…)

Major Change to Indiana Child Support

Tuesday, March 20th, 2012

As I am writing this, a bill is on the Governor’s desk amending Indiana Code 31-14-11-18 to terminate child support when a child turns 19 years of age.  Under the current statute, child support terminates in Indiana at age 21.  This revision will bring Indiana into line with the majority of states where support ends earlier than age 21.  (more…)

An Out of State Move Can Affect Your Child Support Rights

Thursday, March 8th, 2012

The laws vary greatly from state to state with regard to the calculation of child support.  In the State of Indiana, child support presumptively continues until a child reaches age 21; however, in many states support automatically terminates at age 18 or upon graduation from high school.  Also, the State of Indiana is in the minority of states providing that parents may be ordered to contribute to their children’s college education costs.

A move out of state, particularly if neither parent continues to reside in the State of Indiana, can potentially jeopardize the primary custodial parent’s support entitlement under Indiana law.  If both parties move out of Indiana, a “home state” test is used to determine to which state the case should transfer.  Any modifications of the support order may be applied under the new state law.

A move by either parent will also trigger that parent’s obligation to file a Notice of Relocation with the court and provide the other parent with a copy.  It is no longer only the custodial parent’s obligation to file Notices of Relocation, and it is no longer the law that a move must be out of state or greater than one hundred miles before the notice is required.  Parenting time schedules and even custody can be revisited upon a parent’s move out of state.

If you are contemplating a move out of state and have an existing State of Indiana custody, parenting time, or child support order, it is advisable to speak with an attorney beforehand.  A member of the Family Law Section would be happy to discuss these issues with you.