Merrillville Child And Spousal Support Lawyers

Robert A. Plantz & Associates, LLC, represents people in all aspects of child support and spousal support. Our firm is detail-oriented when it comes to calculating required payments and diligent during settlement negotiations and in court. We will work to achieve your goals as quickly and efficiently as possible.

Contact our firm to discuss your needs with an experienced family law attorney during a free initial consultation*: 219-942-3710.

We Consider Every Factor Affecting Child Support

Statutory guidelines determine the level of child support in Indiana. Factors such as the parent’s income, the number of overnights a child spends with the noncustodial parent, and educational and health care expenses can affect the child support level. Getting a child support level that is fair, however, requires more than a mechanical application of a formula. At Robert A. Plantz & Associates, LLC, we thoroughly examine all factors that go into child support, and he will seek to obtain a support payment that is correct and fair.

If a significant change occurs in a parent’s income, in a child’s living arrangements or in a child’s needs, it is possible to obtain a modification in child support. Some modifications are routine and can be achieved in a cost-effective manner, while others may require significant legal efforts, such as those that involve move-aways. Whatever your situation, a Merrillville child support lawyer from Robert A. Plantz & Associates, LLC, can represent you.

Which Factors Determine Child Support In Indiana?

There are many different factors to consider when deciding how child support should be paid in Indiana. These include:

• Weekly gross income
• Any adjustments necessary for prior children
• Standing court orders for spousal maintenance/alimony
• Childcare expenses
• The cost of health insurance for children
• Any extraordinary expenses regarding education or health care needs

Once determining what costs parents are facing and what their income looks like, the court works to divide the financial obligation. They may consider Social Security benefits or a parenting time credit, depending on the child custody division.

What Questions Do They Ask At An Indiana Child Support Hearing?

Questions at the hearing will relate to the relationships and the necessary financial needs. These could include:

• How much stable income do both parents earn?
• How much time does each parent spend with the child?
• Does the child have any special needs or additional costs that should be factored into the equation?
• Does either parent have other children from previous relationships?
• What is the mental health of each parent?
• Is either person living with a new romantic partner, or have they gotten remarried?

The answers to these questions, along with financial records and other evidence, will help the court determine how support should be paid and received.

What Can Child Support Payments Be Used For In Indiana?

It is important for parents to use child support payments correctly. Potential uses include:

• Day-to-day necessities, such as rent or mortgage payments, utility payments, purchasing clothing, and buying food and groceries
• Healthcare and medical needs, such as going to appointments with a pediatrician, paying for prescriptions and buying health insurance
• Relevant educational expenses, such as tuition, basic school supplies, transportation and the cost of extracurricular activities
• Childcare needs, such as hiring a babysitter or sending the child to day care
• Activities, such as going to summer camp or playing sports
• Transportation costs, such as paying for gas to drive the child to school and back

Every step of the way, our team of experienced attorneys will help you explore all of your options, protect your rights and put your child’s best interests first.

When Does Child Support End In Indiana?

Under Indiana Code § 31-16-6-6, child support generally ends when the child turns 19 years old, unless a legal exception applies. A parent’s child support obligations may also end earlier if their child is legally emancipated before they turn 19, enters active military service, gets married or passes away.

However, it is important to note that a court order is still required to formally terminate the child support obligation. Until the court enters an order ending support, the existing order remains enforceable.

Indiana law also allows child support-related obligations to continue in certain situations after the child turns 19. For example, if the support order includes payment of the child’s post-secondary education expenses, those obligations may extend beyond the child’s 19th birthday, depending on the terms of the order and the court’s findings.

What Happens If A Parent Does Not Pay Child Support In Indiana?

If a parent does not pay child support in Indiana, the missed payments can quickly add up and become child support arrears. The unpaid balance does not go away on its own, and interest may also accrue in some situations. Any parent who falls behind on their support obligations can face enforcement actions from the court or the Indiana Child Support Bureau.

Common consequences of not paying child support in Indiana may include:

• Wage garnishment
• Tax refund interception
• Suspension of driver’s license and/or professional licenses
• Seizure of bank accounts or other assets
• Liens against property
• Contempt of court proceedings
• Possible jail time (in serious cases)

The court can also order the parent to make additional payments toward the arrears until the balance is paid off. If a parent is having trouble paying because of a job loss or other major life change, they may file a request to modify their existing child support costs. However, until the court approves a modification, the parent must continue paying under the current order.

If you are facing child support issues in Merrillville, our legal team can help. Whether you are a parent who is owed support or a paying parent who needs help understanding your rights and options for modification, we will carefully guide you through the entire process with confidence.

What Are The Different Types Of Spousal Support In Indiana?

While “child support” refers to payments for a child’s needs, Indiana law also recognizes three specific forms of spousal support that may be ordered in limited cases during or after a divorce:

• Incapacitated spouse maintenance: This type of maintenance may be awarded when a spouse is physically or mentally incapacitated and needs financial support. It is intended to help the incapacitated spouse meet basic living expenses when they are unable to support themselves.
• Caregiver maintenance: This may be available in cases where one spouse must stay home to care for a child or dependent who has a serious physical or mental condition. The purpose of this support is to allow the caregiver to provide care while also receiving financial assistance.
• Rehabilitative maintenance: This type of maintenance gives a spouse temporary financial support while they gain education, training or work experience needed to become self-sufficient, up to a maximum of 36 months.

Understanding the different types of support available in Indiana can help parents and spouses know what to expect and what options may be available for their unique situation.

How Is Spousal Support Calculated In Indiana?

Indiana does not follow strict mathematical formulas when determining spousal support, also called maintenance. Instead, courts consider the following factors when deciding whether maintenance is appropriate and how much should be awarded:

• The education level and earning capacity of each spouse
• The length of the marriage and standard of living established
• The age and physical or mental condition of the spouse seeking support
• The time needed for education or training to become self-sufficient
• Each spouse’s financial resources, including property division outcomes
• Caregiving responsibilities that might affect employment opportunities

Our family law attorneys develop tailored strategies to advocate for fair maintenance determinations more effectively. We have successfully represented those seeking appropriate support and those concerned about unreasonable financial burdens from paying support.

Do You Have To Be Married For A Certain Period Of Time To Receive Alimony?

Indiana law does not specify a minimum marriage duration requirement for spousal maintenance eligibility. However, marriage length significantly influences maintenance decisions. Generally, shorter marriages (under 10 years) rarely result in long-term support orders unless exceptional circumstances exist.

Courts typically view shorter marriages differently than decades-long unions where one spouse may have foregone career advancement to support the family. Divorce agreements in longer marriages often reflect this sacrifice through more substantial maintenance provisions.

Our family lawyers will carefully analyze your specific situation to determine realistic maintenance possibilities based on your marriage duration and individual circumstances. We present compelling arguments tailored to your unique situation, drawing on our extensive experience with similar cases throughout northwest Indiana.

Is Spousal Support Taxable In Indiana?

Recent federal tax law changes have significantly altered how spousal support payments are taxed. For divorce process cases finalized after Dec. 31, 2018, spousal maintenance payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the recipient.

This represents a major shift from previous rules and can substantially impact how maintenance payments affect both parties’ financial positions. As such, these tax implications require careful consideration when negotiating support amounts, as the real financial impact differs from the stated dollar amount.

Our divorce lawyer team works closely with financial professionals when needed to confirm all tax implications are properly factored into your support negotiations. We help clients understand how their maintenance agreements will truly affect their post-divorce financial landscape.

Spousal Support And Your Rights

Indiana law mandates the payment of spousal support (commonly referred to as alimony) in certain situations on a permanent basis — for example, when one spouse becomes permanently disabled during the course of the marriage. The court can order spousal support for up to three years to enable one spouse to obtain the ability to provide for herself or himself through education or vocational training. In other situations, the parties can agree to a settlement that does or does not provide for the payment of spousal support.

The question of spousal support raises a number of legal, financial and tax issues that require careful analysis, including how support is affected when the receiving spouse is living with a new partner. At Robert A. Plantz & Associates, LLC, our Merrillville spousal support lawyers understand these issues and how to achieve solutions that best serve the interests of his clients. We can review your situation and develop a plan to achieve the solution that is right for you.

Request A Free Review* Of Your Case

For a free initial consultation* about a child support or spousal support matter, contact Robert A. Plantz & Associates, LLC at 800-481-9150 today.