How to Modify Child Support in Indiana: A Step-by-Step Guide
Child support obligations in Indiana can change over time due to job changes, financial shifts, or evolving family needs. The law allows for modifications when certain conditions are met.
This guide explains:
✔ When and how you can modify child support
✔ What qualifies as a "substantial and continuing change in circumstances"
✔ How to petition the court for a modification
📌 Related Reading: How to Modify a Child Custody Order in Indiana
Step 1: Review the Indiana Child Support Calculator
Before filing for a modification, use Indiana’s Child Support Calculator to determine whether a change is justified.
💡 Why Use the Calculator?
It factors in income, healthcare costs, parenting time, child care, and more.
It helps you understand if a modification is worth pursuing.
Courts rely on this tool to determine new child support amounts.
📌 Use the Indiana Child Support Calculator Here: Indiana Child Support Calculator
Step 2: When Can You Modify Child Support?
In Indiana, you can petition to modify child support under two circumstances:
1️⃣ A 20% Change in Child Support (After 12 Months)
✔ At least 12 months have passed since the last child support order.
✔ The new child support amount is at least 20% higher or lower than the current order.
If your new calculation results in a 20% difference, you likely qualify for a modification.
2️⃣ A Substantial & Continuing Change in Circumstances
If 12 months haven’t passed, you can still request a modification if a significant change has occurred that makes the current child support order unreasonable.
💡 Examples of a Substantial Change:
✔ Job loss or major income reduction.
✔ A significant pay increase for either parent.
✔ Change in health insurance costs.
✔ A change in parenting time (more or less time with the child).
✔ A change in childcare expenses.
✔ The birth of another child (for either parent).
📌 Legal Standard for Modification: Indiana Code 31-16-8-1
Step 3: Filing a Petition to Modify Child Support
To officially request a child support modification, you must:
✔ Prepare a Petition for Modification
Explain the reason for the modification.
Provide evidence of income changes, parenting time adjustments, or other relevant factors.
✔ File the Petition with the Court
File the request in the same court that issued the original child support order.
✔ Serve the Other Parent
The other parent must be notified and will have a chance to respond.
✔ Attend a Hearing (If Required)
If both parties agree on the modification, a hearing may not be necessary.
If the other parent contests the change, the court may schedule a hearing to review evidence.
📌 Need Help Filing? Schedule a Consultation
Common Child Support Modification Issues
1️⃣ What If My Ex Is Hiding Income?
If you suspect the other parent is underreporting income, you may need:
✔ Pay stubs, tax returns, or employment records.
✔ A subpoena to request wage information.
✔ Bank statements to show unreported income.
2️⃣ What If My Ex’s New Job Pays More?
If your ex’s income increases, child support should be recalculated based on updated earnings.
📌 Learn More About Income Changes & Child Support: My Ex Changed Jobs, Can I Recalculate Child Support?
3️⃣ What If Parenting Time Has Changed?
Child support is calculated based on the amount of time each parent spends with the child.
✔ If a parent has increased parenting time, support may decrease.
✔ If a parent is not exercising all of their parenting time, support may increase.
Do You Need an Attorney for Child Support Modification?
✔ Child support modifications can be complex, especially when income or parenting time is disputed.
✔ An experienced attorney can calculate the correct support amount, gather evidence, and represent you in court.
✔ A lawyer can also help negotiate agreements outside of court to avoid lengthy legal battles.
📞 Call or text (317) 759-3225 or Schedule a Consultation today to discuss your child support case.