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How child custody impacts child support in an Indiana divorce

On Behalf of | Feb 21, 2020 | Child Support

For married parents considering divorce, the two biggest issues they will worry about will likely be the division of child custody and the amount of child support that they will either pay or receive. Quite a few people mistakenly think of child support or child custody as an inherently gendered decision that always favors the mother, but that simply isn’t true.

Indiana laws regarding child custody and support attempt to be gender-neutral in their approach in order to be as fair and reasonable as possible. When attempting to calculate child support, the courts will look at a number of factors, the most important of which will be the amount of time each parent spends with the children and the income that each parent earns.

The more overnight visits you have, the less support you pay

An even split of parenting time is now a goal in many divorces. It used to be customary for the courts to award primary custody to one parent and assign the other visitation, with the expectation that the non-custodial parent would pay child support.

However, having one parent disproportionately present in the lives of the children does not benefit them as much as preserving strong relationships with both parents. As a result, the courts have become much more creative in how they handle custody and careful in trying to make the division of parenting time and responsibilities as even as possible.

When you equally share custody in a 50/50 situation, that will greatly reduce or potentially even eliminate the obligation to pay support to your ex.

Other support obligations and current income also impact child support

If either parent pays child support for children that they don’t share with their spouse or if there is a substantial discrepancy in the income of the divorcing spouses, those factors could influence how the courts order child support. Additionally, the courts will look at which parent covers specific expenses, including child care or health insurance costs.

The more of the basic needs that you provide for your child, the less likely it will be that you have to pay a substantial amount each month in child support. The same is true for the difference in income between you and your ex. The less the discrepancy is, the less likely the courts are to order support during the divorce.