CS Modification - Indiana

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CS Modification - Indiana

Unread postby Sparky29 » Mon Jan 08, 2018 6:10 pm

What is considered "basic needs" for the non custodial parent in Indiana. didn't have a vehicle payment when they first figuring my child support work sheet. But now, motor in car blew up, need to purchase another vehicle. I am Borrowing parent's vehicle to pick up children etc. Also my health insurance and house payment went up in cost starting this month. Can I ask for a modification due to these issues? My ex got fired 6 months ago, lives with children's grandparents past year with the kids, ( isn't this considered a credit?) let her car get repoed ( I didn't know until months later) of course I co signed for it, no notice sent to me. But her parent's gave her their old Denali to have and drive! Just Found her past 3 years w 2's showing until she was fired she was making 40K a year, but she told the judge she can only make minimum wage and he based the child support on her word! Final divorce just signed 3 weeks ago can I ask to have the case reopened and final order reconsidered? As of now I have $ 50 left over weekly after bills and child support, and couldn't afford a vehicle payment on this. I feel screwed!
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Re: CS Modification - Indiana

Unread postby hoosier_dad » Mon Jan 08, 2018 10:34 pm

Sparky29 wrote:What is considered "basic needs" for the non custodial parent in Indiana. didn't have a vehicle payment when they first figuring my child support work sheet. But now, motor in car blew up, need to purchase another vehicle. I am Borrowing parent's vehicle to pick up children etc.

CS is simply a mathematical formula based on specific inputs. The calculation is primarily concerned with weekly gross income. There are no deductions for housing or vehicle expenses.

Sparky29 wrote:Also my health insurance and house payment went up in cost starting this month.

The CS amount does account for a deduction for the share of health insurance premiums paid for the children only, not for the parent. Doubtful this increase would account for a the %20 CS difference required to file for a modification this close to a new CS order.

Sparky29 wrote:lives with children's grandparents past year with the kids

Sparky29 wrote:her parent's gave her their old Denali to have and drive

In-kind benefits such as a provided vehicle or lodging can be factored into a parent's income for CS calculations, but the guideline wording is specific that this is if they are provided as part of employment.

Sparky29 wrote:Just Found her past 3 years w 2's showing until she was fired she was making 40K a year

Was there a discovery request requiring her to turn over those W2's? If not you have limited options, especially since she's been unemployed for 6 months.
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Re: CS Modification - Indiana

Unread postby dad2grls » Mon Jan 08, 2018 11:20 pm

Indiana uses an "income share" formula to calculate CS.

Not only would modifying a recent order be difficult or close to impossible, your exwife could make a case for MORE child support since she lost her job and her income is no longer factored into the equation.

Most of the changes you mention would have no affect on the amount of CS at all, except for, again, your wife's loss of job which works against you.
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