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Modifications & Amendments

The Child Support Modification Process

In order to modify a child support obligation after the entry of a child support order, a parent must show:

  1. A change of circumstance so substantial and continuing as to make the terms of the support order unreasonable (new job, loss of job, change in custody, disability, etc.); or
  2. A more than 20% difference from the current order and the amount that would be ordered by applying the Indiana Child Support Guidelines exists and at least 12 months has passed before the petition requesting modification was filed with the court.

If a parent believes that he or she would qualify for a modification of child support, it is advisable to file a Petition with the court. Unless otherwise agreed, the court will modify child support retroactive to the first Friday following the date the Petition to Modify was filed with the court. However, there are certain exceptions which may allow for another start date for the modified child support obligation.

Court Hearings

If the parties agree to modify child support and submit an agreed entry along with the completed Child Support Obligation Worksheet, it is unlikely that the court will hold a hearing. However, if an agreement is not reached, the parties will be required to attend a hearing and present evidence and a Child Support Obligation Worksheet to establish the modified child support obligation.

In certain circumstances, it is possible to deviate from the Child Support Obligation Worksheet to reduce and/or increase the non-custodial parent’s child support obligation. The court must be provided with detailed and specific information to justify the deviation in child support. Parents may not simply bargain away child support for a lack of the non-custodial parent’s involvement in the child’s life. Child support is for the child’s benefit.

Contact Hains Law, LLC for Assistance with Child Support Modifications

If you are interested in modifying your child support obligation, contact Hains Law, LLC. Carmel child support attorney Joshua R. Hains has a decade of experience and is ready to help you navigate your unique child support case. Contact our office today to set up an initial consultation.