Child custody and support can be two of the most difficult, yet important, issues to resolve during a divorce.
In Indiana, who receives is based upon the best interests of the children. Divorcing couples often focus on custody and visitation as soon as they separate, and courts generally honor both long and short-term custody arrangements agreed to by the parents. When an agreement cannot be reached, the court may issue a temporary order that will remain in effect until the final divorce decree is entered.
Until a child is 18, the court will make the determination regarding which parent they will live with. However, at age 14, consideration will be given to the child’s preference when making the decision.
Child support is the continuous financial obligation that parents are legally required to provide their children. Although both parents are required to provide support, the parent who does not reside with the child is usually held accountable for a larger amount of child support. If the noncustodial parent falls behind on their child support payments, it becomes past due and is legally known as an arrearage.
Some, but not all, child support payments are collected by the State of Indiana through Title IV-D a federal program. Indiana child support calculations are based upon weekly gross income, which is verified via government wage match data. Parents must submit documents detailing all of their earnings and spending.
Once custody, visitation, and support have been resolved by an agreement between the parties or by the court, specific procedures must be followed to modify the arrangement. In order to support a request to modify a custody or visitation arrangement, the parent seeking the change must show a substantial change of circumstances.
If you are dealing with child support and custody issues in Hamilton County, Indiana, contact a family law attorney like Vanessa López Aguilera for compassionate legal counsel. Reach her online or call ((317) 634-9484 to schedule a consultation.
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