USA – INDIANA Law and Practice Contributed by: Andrew Z. Soshnick, Faegre Drinker Biddle & Reath LLP
days and extended parenting time, as well as consid ‑ eration of distance between parents as a factor. Child Support The Indiana Supreme Court has adopted the Indiana Child Support Rules and Guidelines that presump ‑ tively govern child support, which were dramatically modified effective as of 1 January 2024, to account for cost-of-living changes and eliminate the complex method of allocating uninsured healthcare expenses. There is an underlying formula that adopts an income shares model, uses gross income, and applies a 21.88% tax factor. There are additional references as to how to address other expenses, such as healthcare, extracurricular activities, and educational expenses. If courts deviate from the presumptive child support amount, they must explain and offer reasons for the deviation. Indiana Code, Section 31-16-6-1 provides a non-exhaustive list of factors to be considered for child support payments, but the guidelines calcula ‑ tion usually controls the amount. The duty to support children ends at age 19 unless a child is earlier eman ‑ cipated or is incapacitated (see Indiana Code, Section 31-16-6-6). College expense orders can continue past age 19 for the duration of an undergraduate degree. Child support orders are modifiable upon showing: • changed circumstances so substantial and con ‑ tinuing as to make the terms of the existing child support order unreasonable; or • that a party has been ordered to pay an amount in child support that differs by more than 20% from the Indiana Child Support Guidelines’ calculation. Parties may make agreements outside of court for child support and to cover certain children’s expenses, but they are informal arrangements and not enforceable in the event of disputes. The most common approach is for courts to make formal child support orders. Any person entitled to receive child support payments may commence a child support action (see Indiana Code, Section 31-16-2-1 et seq). 3.3 Other Matters Courts have the power to make an order that dictates the upbringing of children when parents have oppos ‑ ing views on specific issues (eg, schooling, medical
treatment, religion and holidays), by naming one par ‑ ent the sole legal custodian, or when there is a dispute between joint legal custodians. See Indiana Code, Section 31-17-2-17. However, that does not mean the other parent must, for example, take the children to the sole legal custodian’s preferred house of worship on their parenting time. It means that the specification of how a child will be raised is in the sole province of the custodian. If joint legal custodians have a volumi ‑ nous number of disputes, courts will eventually modify legal custody so one parent makes the decisions after consulting with the other parent. Parental alienation is considered not independently or as a syndrome but, rather, as part of the assessment of a parent when courts conduct the statutory analysis of a custody situation. See Indiana Code, Sections 31-17-2-8 and 21 (enumerating a non-exhaustive list of factors for courts to consider). Courts have the discretion to permit a child to speak to the judge in chambers (Indiana Code, Section 31-17-2-9) or, for older children, to testify on the wit ‑ ness stand. Those practices are largely discouraged. More often, a child’s counsellor, custody evaluator, guardian ad litem, or court-appointed special advo ‑ cate presents the views of children. See Indiana Code, Sections 31-17-2-10 and 12 and Indiana Code, Sec ‑ tion 31-17-6-1 et seq. 3.4 ADR in Child Law Matters The Indiana Rules for Alternative Dispute Resolution, adopted by the Indiana Supreme Court, govern ADR. These rules provide for mediation, arbitration, mini- trials, summary jury trials, and private judges to help parties to resolve financial disputes. While not mandated in all instances, several Indiana counties, by local rule, require mediation before a final hearing. Also, if a party requests mediation, it is likely to be granted. If a party is non-compliant in partici ‑ pating in the mediation process, courts can impose sanctions that include an award of attorney’s fees. Mediated agreements on children’s issues are gener ‑ ally enforceable, upon approval by courts, as an order of the court. Mediated agreements on financial issues are generally enforceable upon the parties signing the
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