Indiana Child Support Deviations: Understanding Special Circumstances

Child support in Indiana is typically calculated based on the Indiana Child Support Guidelines, which consider factors such as parental income, the number of children, and additional expenses. However, these guidelines are not one-size-fits-all, and courts may deviate from the standard calculations under special circumstances.

If you believe that your child support order is unfair or does not accurately reflect your financial situation, it is essential to understand when deviations from the guidelines are allowed and how courts handle underemployment, imputed income, and other exceptional factors.

Understanding Indiana’s Child Support Guidelines

The Indiana Child Support Guidelines aim to provide a fair, consistent approach to calculating child support obligations. Courts consider the following key factors:

✔ Each parent's income (including wages, bonuses, commissions, and passive income)

✔ Number of children

✔ Parenting time allocation

✔ Healthcare costs (e.g., medical insurance, out-of-pocket expenses)

✔ Childcare expenses

While these guidelines provide a standardized calculation, Indiana law allows for deviations in certain situations.

When Can Courts Deviate from the Child Support Guidelines?

Courts may modify or deviate from the standard child support calculation if applying the guidelines would result in an unjust or inappropriate obligation. Some common reasons for deviation include:

✅ Underemployment or Imputed Income (explained in detail below)

✅ Extraordinary medical expenses for the child

✅ Special educational needs (e.g., private schooling, tutoring)

✅ Split or shared custody arrangements

Each of these factors requires a court to determine whether the standard formula fairly meets the child’s best interests.

Underemployment and Imputed Income in Child Support Cases

One of the most contentious reasons for child support deviations is underemployment—when a parent voluntarily works below their earning potential to avoid or minimize child support payments.

What is Underemployment?

Underemployment occurs when a parent deliberately:

✔ Takes a lower-paying job despite being qualified for a higher-paying one.

✔ Works fewer hours than they reasonably could.

✔ Refuses to seek employment despite being capable of working.

Imputed Income: What Happens When a Parent is Underemployed?

If a court determines that a parent is underemployed on purpose, it may impute income—meaning the court assigns a reasonable income level based on what the parent should be earning.

🔍 Legal Reference: A trial court may properly impute potential income to a parent who it has determined has purposefully become underemployed in order to avoid paying child support. Walters v. Walters, 186 N.E.3d 1186, 1191 (Ind. App. 2022). In Walters, evidence was presented that the Husband had explicitly told Wife on numerous occasions that he would not pay child support if they divorced, stating he would become a "deadbeat" and a "bum." Additionally, the Husband had only inquired about employment with his union six times over the course of a year, demonstrating a lack of serious effort to secure employment. Id.

Guideline 3A(3) of Indiana Child Support Guidelines - Unemployed, Underemployed, and Potential Income

If a court finds a parent is voluntarily unemployed or underemployed without just cause, child support shall be calculated based on a determination of potential income. A determination of potential income shall be made by determining employment potential and probable earnings level based on the obligor's employment and earnings history, occupational qualifications, educational attainment, literacy, age, health, criminal record or other employment barriers, prevailing job opportunities, and earnings levels in the community. If there is no employment and earnings history and no higher education or vocational training, the facts of the case may indicate that Weekly Gross Income be set at least at the federal minimum wage level, provided the resulting child support amount is set in such a manner that the obligor is not denied a means of self-support at a subsistence level.

How Courts Determine Imputed Income

To calculate imputed income, Indiana courts examine factors such as:

✔ Employment history

✔ Education and job skills

✔ Local job market and available opportunities

✔ Efforts (or lack of effort) to find employment

✔ Prior earnings history

Examples of Imputed Income in Indiana Child Support Cases

🔹 A highly experienced IT professional quits their job to work part-time at a coffee shop to reduce child support obligations.

🔹 A licensed attorney claims unemployment while refusing available job offers in their field.

🔹 A parent chooses to remain unemployed without actively seeking work, despite being in good health.

Challenging or Requesting a Child Support Deviation

If you believe your child support order is unfair, you can petition the court to request a modification or deviation.

📞 Need assistance with a child support case? Contact Vining Legal today for expert guidance.

📩 Schedule a Consultation 📞 Call or text (317) 759-3225

Conclusion

Not all child support cases fit neatly into Indiana’s Child Support Guidelines. Courts recognize that special circumstances, such as underemployment, high medical costs, and shared custody arrangements, may require deviations to create a fair outcome.

✔ If you believe your child support order needs modification or deviation, taking the right legal steps can make all the difference.

✔ Protect your child’s financial security by understanding your rights and seeking professional legal advice.

If you need help navigating child support deviations, contact Vining Legal today to ensure your case is handled correctly.