If you have children and have gone through the divorce process, you may struggle at times with the concept of child support. You may feel that you may be paying too much, or you may worry that the child support is not actually going to providing for the needs of your children. You may fear that it is actually going to fluffing the lifestyle and bank account of your co-parent.
If you are concerned about paying too much, it is imperative to contact your family law attorney, in order to get your child support payments reduced or to get the frequency of the payments reduced. Family law attorneys, like Cordell & Cordell, understand the plight of men and fathers and will work for the betterment of your future and the future of your children.
Some states, like Ohio, have begun efforts to reform the way they go about calculating child support. Currently, the calculations depend on the state that you live in.
Understanding child support
In a majority of the states, child support is determined by the income shares model, based on the idea that the child should receive the same proportion of a parent’s income as they would if they were living together.
If you live in Wisconsin, Nevada, Mississippi, and Alaska, child support is determined by the flat percentage variation of the percentage income model, which calculates child support based on a fixed percentage across all levels of income of the paying parent.
If you live in Texas, North Carolina, or Arkansas, child support is calculated by the varying percentage variation of the percentage of income model, which calculates child support based on a different percentages and different levels of income. This makes it so the percentage of the payor’s income devoted to child support varies.
If you live in Montana, Delaware, and Hawaii, child support is calculated with the Melson model, which requires that each parent’s basic needs be met before child support is set. Washington D.C. utilizes an altered model of this calculation.
In the state of Indiana, which utilizes the income shares model, a public hearing is being held, in order to assess the public opinion, regarding the child support guidelines, according to WTHI-TV10.
The public hearing will be hosted by the Domestic Relations Committee of the Judicial Conference of Indiana. This committee is made up of members of the Indiana Judicial Branch and has been involved in the process of establishing regulations in family law process within the state.
The Domestic Relations Committee of the Judicial Conference of Indiana has established recommended standards for domestic relations alternative dispute resolution plans, recommended amendments to the Indiana Parenting Time Guidelines, and completed a Domestic Relations Benchbook.
This forum was held August 17 in the Supreme Court Courtroom at the Indiana Statehouse in Indianapolis.
Additionally, proposed revisions to Indiana’s Child Support Guidelines have been posted for public comment. Feedback has been asked to be given by noon, May 17, 2019.
The hearing and request for public feedback coincides with legislation that is being considered by Indiana state lawmakers. Senate Bill 179 is designed to reform child support.
The bill states that the court may order either parent or both parents to pay any amount reasonable for the support of a child, without regard to marital misconduct. This is after the court considers relevant factors, such as the financial resources of the custodial parent, the standard of living the child would have enjoyed if the marriage had not been dissolved; the separation had not been ordered; or the parents had been married and remained married to one another, the physical or mental conditions of the child and the child’s educational needs, and the financial resources and needs of the noncustodial parent.
The bill also states that in determining the amount to be ordered for support of a child incarceration of a parent may not be considered to be voluntarily unemployed. In addition, the bill offers guidelines on the modification of child support.
It states that a court may modify the child support order, or approve a proposed modification, without holding a hearing if a petition to modify a child support order based on incarceration of a party is filed, and after receiving notice, no party files an objection or request for a hearing within 30 days.
Prison and payment
If you are incarcerated or are facing the prospect of prison time, child support may be the last thing on your mind. However, it still may build up, if not modified to reflect your current predicament. The bill services that need, as well as services the needs of parents outside of the prison system who also may be unable to pay the asked child support amounts.
Child support only can be paid on a regular basis, if the payor is in a financially healthy enough place to pay it. Without the financial stability necessary to sustain a standard of living, a receiving parent will not get the owed child support they desire, and the child will suffer as a result.
The cause and effect of the situation is why states like Indiana have sprung into action, acting in the best interests of parents and children alike.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.
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