Child support is a payment ordered by the court that one parent, commonly the non-custodial parent,compensates to the other parent, usually the custodial parent. This financial payment helps provide for the child’s needs and ensures that the child receives the financial benefit of having a two-parent household even if the parents are no longer together. To begin receiving child support, you will generally need a court order. A child support attorney in Kokomo Indiana can help with this process.
Filing a Court Order
If you are going through a divorce, the child support order is typically made part of the divorce decree. You should have a divorce lawyer who is also a child support attorney in Kokomo Indiana to help with this process.
If you are not already going through a divorce and paternity has not been legally established, you will first have to establish paternity. Once paternity is established to the court’s satisfaction, the court will move to determine the proper amount of child support.
Determining the Amount of Child Support
The court uses standard child support guidelines to determine a fair amount of child support. To arrive at the amount of child support, the court considers several factors, including:
This information provides a basic amount of child support. However, the court can adjust this amount of child support if the court believes it is fair to do so in any particular situation.
Modifying Child Support
An Indiana child support continues to be in effect even if the obligated parent becomes ill or unemployed. If either parent wants to change the amount of child support to be paid, they have to seek a modification of the child support order. This process requires having a child support attorney in Kokomo Indiana to prepare a petition to the court that outlines the change you are seeking and the legal basis for the requested modification. Without modification, the amount of child support must continue to be paid, usually until a child turns 19, gets married, starts active duty in the military, dies, or is no longer under the other parent’s care.
Enforcing a Child Support Order
Indiana provides severalenforcement mechanisms if an obligated parent does not pay the amount of court-ordered child support, including: