What You Need to Know about Modifying Child Support

If you are either paying child support or receiving child support in Indiana there are circumstances that will prompt the need for a modification in the amount of support. Indiana provides for modification of child support when there are changes in lifestyle, circumstances, etc. Upon showing to the court that there is a need for modification of child support the court can determine that there should be a modification and the amount of support. It is important that you take the right steps in seeking child support modification, and that an experienced attorney can help you get there. This blog discusses the process of modifying child support and the circumstances that surround the need for modification.

Pursuant to the Indiana Code §31-16-8-1(b), “Except as provided in section 2 of this chapter, and subject to subsection (d), modification may be made only: (1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.” A substantial change may be your income, thus entitling you to modify your child support. A substantial change in income is one of the primary reasons for modification. It is important to note that while there may be many reasons that there is a change in income, the change must be around twenty (20) percent. Another situation that would justify a modification in child support would be a change in parenting time. If the parenting time for each parent have substantially changed since the last court order then it may warrant the need to modify child support. For example, the parent that pays child support has a change in receiving more overnights with their child can justify child support modification. Consequently, if there is a change in the child’s needs that would justify a modification of child support. For instance, if the child develops a disability, requires medical needs, or involves a significant change for the child that accumulates new costs, the court can consider these changes in determining modification of support. While there are considerably more circumstances that would warrant a child support modification, there are still procedural steps in furtherance of modification.

A modification of child support requires a petition to the court, which puts the parties involved on notice. The parties involved and the court need to be aware of what you are seeking and allow the other party to provide a response. In more contentious family law matters, a petition for modification could result in a lengthier process with the courts. In legal matters that are contentious, a well experienced attorney can help ensure that your interests are protected and that you have presented a well thought out case for yourself. The court will ultimately hold a hearing where both parties can be heard and evidence can be presented in support of modification or, in the alternative, against modification. 

Ultimately, modification of child support is not as easy as it may appear, especially if there is conflict between the parties. The court’s goal is to ensure child support orders remain fair and appropriate as circumstances change over time. In a matter that requires such specificity, such as child support modification, you should seek counsel from a competent attorney. The attorneys at Ciyou & Associates, P.C. are well seasoned in child support modifications throughout Indiana. We are here to help you modify your child support obligation. This blog was written by attorneys at Ciyou & Associates, P.C. and this blog is not intended as specific legal advice or a solicitation of services, as this is an advertisement.


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