Indiana Child Support Rules and Guidelines.
(Morgan County Superior Court)

INDIANA CHILD SUPPORT RULES & GUIDELINES
(October 1, 1995)

Rule 1. Adoption of Child Support Rules and Guidelines

The Indiana Supreme Court hereby adopts the Indiana Child Support Guidelines (Third Edition, 1989), as drafted by the Judicial Administration Committee and adopted by the Board of the Judicial Conference of Indiana and all amendments thereto, as the child support rules and guidelines of this Court.

Rule 2. Presumption

In any proceeding for the award of child support, there shall be a rebuttable presumption that the amount of the award which would result from the application of the Indiana Child Support Guidelines is the correct amount of child support to be awarded.

Rule 3. Deviation from Guideline Amount

If the court concludes from the evidence in a particular case that the amount of the award reached through application of the guidelines would be unjust, the court shall enter a written finding articulating the factual circumstances supporting that conclusion.

Guideline 1. Preface

Guidelines for the determination of levels of child support have been developed by the Judicial Administration Committee of the Judicial Conference of Indiana and adopted by the Indiana Supreme Court. The guidelines are consistent with the provisions of Indiana Code 31-16-6-1 which places a duty for child support upon either or both parents based upon the financial resources of the custodial parent; standard of living the child would have enjoyed had the marriage not been dissolved or had the separation not been ordered; physical or mental condition of the child and the child's educational needs; and financial resources and needs of the non-custodial parent.

The Guidelines have three objectives:

(1) To establish as state policy an adequate standard of support for children, subject to the ability of parents to pay;

(2) To make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and

(3)To improve the efficiency of the court process by promoting settlements and giving courts and the parties guidelines in settling the level of awards.

The Indiana Child Support Guidelines are based on the Income Shares Model, developed by the Child Support Project of the National Center for State Courts. The Income Shares Model is predicated on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. Because household spending on behalf of children is intertwined with spending on behalf of adults for most expenditure categories, it is difficult to determine the proportion allocated to children in individual cases, even with exhaustive financial information. However, a number of authoritative economic studies provide estimates of the average amount of household expenditure on children in intact households. These studies have found the proportion of household spending devoted to children is related to the level of household income and to the number and ages of children. The Indiana Child Support Guidelines relate the level of child support to income and the number of children. In order to provide simplicity in the use of the Guidelines, however, child support figures reflect a blend of all age categories weighted toward school age children.

Based on this economic evidence, the Indiana Child Support Guidelines calculate child support as the share of each parent's income estimated to have been spent on the child if the parents and child were living in an intact household. If one parent has custody, the amount calculated for that parent is presumed to be spent directly on the child. For the non-custodial parent, the calculated amount establishes the level of child support.

Guideline 2. Use of the Guidelines

For obligors with a combined weekly adjusted income, as defined by these guidelines, of less than $100.00 dollars, the Guidelines provide for case-by-case determination of child support, normally with a range of $25.00-$50.00 dollars weekly. In such cases, the Court should carefully review the obligor's income and living expenses to determine the maximum amount of child support that can reasonably be ordered without denying the obligor the means for self-support at a minimum subsistence level. A specific amount of child support should always be ordered.

The Guidelines Schedules provide calculated amounts of child support to a combined weekly adjusted income level of 4,000 dollars ($4,000.00) or 208,000 dollars ($208,000.00) per year. For cases with higher combined weekly adjusted income, child support should be determined by using the formula found in Commentary to Guideline 3D3.

Temporary maintenance may be awarded by the court not to exceed thirty-five percent (35%) of the obligor's weekly adjusted income. 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.

Further, it is also intended that these guidelines will be used in paternity cases and other child support actions.

Guideline 3. Determination of Child Support Amount

A. Definition of Weekly Gross Income.

1. Definition of Weekly Gross Income (Line 1 of Worksheet).

For purposes of these Guidelines, "weekly gross income" is defined as actual weekly gross income of the parent if employed to full capacity, potential income if unemployed or underemployed and imputed income based upon "in-kind"benefits. Weekly gross income of each parent includes income from any source, except as excluded below, and includes, but is not limited to, income from salaries, wages, commissions, bonuses, overtime, partnership distributions, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workmen's compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, and alimony or maintenance received from other marriages. Specifically excluded are benefits from means-tested public assistance programs, including, but not limited to, Aid to Families with Dependent Children, Supplemental Security Income, Food Stamps and General Assistance.

2. Self-Employment, Business Expenses, In-Kind Payments and Related Issues.

Weekly Gross Income from self-employment, operation of a business, rent, and royalties is defined as gross receipts minus ordinary and necessary expenses. In general, these types of income and expenses from self-employment or operation of a business should be carefully reviewed in order that the deductions be restricted to reasonable out-of-pocket expenditures necessary for the production of income. These expenditures may include a reasonable yearly deduction for necessary capital expenditures. Weekly gross income from self-employment may differ from a determination of business income for tax purposes. Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business should be counted as income if they are significant and reduce personal living expenses. Such payments might include a company car, free housing, or reimbursed meals. The self-employed shall be permitted to deduct that portion of their F.I.C.A. tax payment that exceeds the F.I.C.A. tax that would be paid by an employee earning the same Weekly Gross Income.

3. Unemployed, Underemployed and Potential Income.

If a parent is voluntarily unemployed or underemployed, 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 work history, occupational qualifications, prevailing job opportunities, and earnings levels in the community. If there is no work history and no higher education or vocational training, it is suggested that weekly gross income be set at least at the federal minimum wage level.

4. Natural and Adopted Children Living in the Household.

In determining a support order, there should be an adjustment to Weekly Gross Income of parents who have natural or legally adopted children living in their households that were born or adopted subsequent to the prior support order.

Guideline 4. Modification

The provisions of a child support order may be modified only if there is a substantial and continuing change of circumstances.

Guideline 5. Federal Statutes

These guidelines have been drafted in an attempt to comply with, and should be construed to conform with applicable federal statutes.

Child Support Guideline Schedules

A portion of the actual Child Support Guideline Schedule is provided below for informational purposes. The term "Combined Weekly Adjusted (Gross)Income" means: The Father's and Mother's combined weekly gross income, before any deductions. For parents with combined incomes in excess of $2000.00 per week, please refer to the actual Child Support Guideline Schedule.

Combined Weekly Adjusted(Gross) Income	1 child	2 children	3 children	4 children	5 children	maximum spouse children50%
$100	$25	$50	$50	$50	$50	$50
$150	$36	$54	$75	$75	$75	$75
$200	$48	$72	$90	$100	$100	$100
$250	$56	$84	$105	$118	$1215	$125
$300	$64	$96	$120	$135	$143	$150
$350	$73	$110	$138	$170	$165	$175
$400	$79	$119	$149	$168	$179	$200
$450	$86	$129	$161	$181	$192	$225
$500	$92	$138	$173	$195	$207	$250
$550	$98	$147	$184	$207	$220	$275
$600	$104	$156	$195	$219	$233	$300
$650	$110	$165	$206	$232	$247	$325
$700	$116	$174	$218	$245	$260	$350
$750	$122	$183	$229	$258	$274	$375
$800	$128	$192	$240	$270	$287	$400
$850	$134	$201	$251	$282	$300	$425
$900	$140	$210	$263	$296	$315	$450
$950	$146	$219	$274	$308	$327	$475
$1000	$152	$228	$285	$321	$341	$500
$1100	$163	$245	$306	$344	$366	$550
$1200	$175	$263	$329	$370	$393	$600
$1300	$187	$281	$351	$395	$420	$650
$1400	$198	$297	$371	$417	$443	$700
$1500	$210	$315	$394	$443	$471	$750
$1600	$222	$333	$416	$468	$497	$800
$1700	$233	$350	$438	$493	$524	$850
$1800	$245	$368	$460	$518	$550	$900
$1900	$257	$386	$483	$543	$577	$950
$2000	$268	$402	$503	$566	$601	$1000