Indiana couples who have moved forward with a divorce and have children must consider how the child will be cared for after the process is completed. Child support is a commonly contentious issue with the custodial parent wanting a certain amount to be paid and the supporting parent thinking about a lesser amount. These disputes do not mean the parents are not interested in the child's well-being. It simply relates to disagreements as to the monthly payments. Understanding what the law says about relevant factors is imperative for both parents and for the child.
When there is a divorce, a legal separation, a child support dispute or when paternity is established, the court can order that the parents pay for reasonable support of the child. This is independent of allegations of marital misconduct. The relevant factors in the case will include: what the custodial parent's financial resources are; the child's standard of living if the marriage did not end, if there was not a separation or if in a paternity case, the parents were married and stayed married; what the child's physical and mental condition is and how the educational needs will be served; and what the noncustodial parent's financial resources are.
There will be an order to withhold income from the supporting parent. A custodial parent will be ordered to open a bank account or an account at another financial institution except in the following circumstances: the custodial parent makes a written objection prior to the issuing of the child support order; and the court determines that there is good cause to give an exemption to this requirement. The court clerk or other legal authorities must be given the account number.
Child support is imperative after a couple has ended a marriage, has legally separated or has established paternity. When gauging how much must be paid in child support, the court will consider myriad factors. For the parents, it is wise to have legal advice throughout the process. If there is a disagreement about child support in any of its aspects, having help from a law firm that specializes in family law, divorce, spousal support, paternity, child custody and more is key.