Indiana Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
Control #:
US-00799BG
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Word; 
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

The 6% rule provides ordinary uninsured health care expenses are paid by the parent assigned to pay them, generally the noncustodial parent, of up to 6% of any child support obligation.

Weekly Gross Income is the starting point in determining the child support obligation, and it must be calculated for both parents. If one or both parents have no income, then potential income may be calculated and used as Weekly Gross Income.

The Indiana Parenting Time Guidelines are based on the premise that it is usually in a child's best interest to have frequent, meaningful and continuing contact with each parent. It is assumed that both parents nurture their child in important ways, significant to the development and well being of the child.

Many factors go into child support orders, and the amount of time you have physical custody of the child is only one of those factors. It is possible to have no child support payments with a 50/50 custody arrangement, but that is only sometimes the case.

In no case shall child support and temporary maintenance exceed fifty percent (50%) of the obligor's weekly adjusted income. Temporary maintenance and/or child support may be ordered by the court either in dollar payments or "in?kind" payments of obligations.

Child support orders are legal obligations to provide financial support for a child(ren), and are established by a court of law. All child support obligations in Indiana are governed by the Indiana Child Support Rules and Guidelines issued by the Indiana Supreme Court.

The maximum payment a parent owes will not exceed 50 percent of their adjusted weekly income. In this example, the parent would not be told to pay more than $500 a week in child support, no matter how many children are involved.

At times, both parents accept that support amounts should be decreased. Even so, you must still petition a court and obtain an official modification of child support payments in Indiana. Otherwise, you would be legally responsible for the terms of your current order regardless of a verbal agreement with a co-parent.

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Indiana Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support