A job loss, raise or lasting change in parenting time can leave your child support order out of step with your current circumstances. Indiana allows either parent to request a modification, but a financial change does not automatically guarantee a new amount.
Two ways to qualify for a modification
Under Indiana law, you may request a modification when changed circumstances are so substantial and continuing that the existing terms have become unreasonable.
You may also qualify when both of these conditions apply:
- At least 12 months have passed since the court last set or changed the support amount or denied a modification request on its merits.
- A new calculation under the Indiana Child Support Guidelines differs from the existing amount by more than 20%.
These are separate grounds for requesting a change. You do not need to satisfy both standards.
Changes that may affect the calculation
The court considers how each change affects the guideline amount. Relevant circumstances may include:
- Income changes: A substantial increase or decrease in either parent’s earnings.
- New costs: Changes in work-related child care or health insurance premiums.
- Parenting time: A lasting change in annual overnights, which may increase the parenting-time credit and reduce the paying parent’s obligation.
- A child turning 19: Support usually ends at 19, but if the order also covers younger children, the amount does not automatically drop. You must request a new calculation.
A job loss may not reduce support if the court finds that you voluntarily left work or earn less to avoid paying. The court may instead assign potential income based on your employment history, qualifications and available work.
Act before the financial gap grows
Gather current income records, child care and insurance bills and a record of parenting-time overnights before filing. You generally request a modification by filing a petition with the court handling your child support case. Continue following the existing order while your case is pending. If the court approves a change, it may apply the new amount as far back as the date you filed your petition, so filing promptly matters.