From: westerm@aclcb.purdue.edu (Rick Westerman)
Subject: New Indiana support guidelines, quick overview
Reply-To: westerm@aclcb.purdue.edu
Organization: Purdue University AIDS Center
Date: Fri, 8 Jan 1993 13:34:16 GMT

Yesterday (Thursday, Jan 8, 1993) new child support guidelines were issued
in the state of Indiana. Unlike some states, the guidelines in Indiana are
created by the Indiana Supreme Court not the legislature. The newly enacted
guidelines are expected to be in force for the next 3-5 years and will 
become effective Mar 1, 1993.

What follows is a summary of the guidelines as written up by my local paper.
As with most newspaper articles, the write-up is maddenly non-specific; I'll
post more specific details as I receive them. 


 1) Continue using gross income to determine income of both divorced parents
    when setting child support levels. 

 2) Work-related child care costs will be apportioned between the divorced
    parents based on their percentage share of income.

 3) Total child support and maintenance [e.g., alimony] levels will be 
    capped at 50% of adjusted gross income rather than the current 60
    percent.

 4) Prior child support levels can be adjusted when either parent remarries
    or gains additional children.

 5) A noncustodial parent will be able to ask for an accounting of the
    support monies spent by the custodial parent, under limited circumstances.

 6) College expenses, which the old guidelines required the noncustodial
    parent to pay, now will be apportioned to the parents according to 
    their financial resources.

 7) Child support may be reduced by up to 10 percent per week when 
    noncustodial parents regularly exercise visitation on alternate
    weekends.

 8) Courts may consider reducing support by up to 50 percent when the child 
    stays with the noncustodial parent for periods of seven days or longer.

 9) Judges can consider several factors, including union dues, financial
    support for elderly parents, travel expenses, and visitation, when
    setting support levels.

10) Additional flexibility will be given to judges, lawyers, and litigants
    in ares of irregular income, potential income and tax exceptions,
    when support levels are set.


My comments:

    The overall table-driven support levels haven't changed. Indiana already
    has one of the highest levels of support in the USA and for most people
    this won't change.

    The 10% reduction in support for regular visitation, nor the possible
    50% reduction for long stays, doesn't begin to cover the cost of 
    visitation. For one thing, the 10% doesn't properly reflect the amount
    of time spent with the NCP (a weekend every two weeks is 15% of the
    child's time) nor does it take into account the amount of support the
    CP is suppose to be giving to the child. It is a step in the right
    direction, but IMHO, a very small step.

    In general, there is more flexibility in the guidelines. While this
    is a good idea in that, as we all know, support cases are not equal
    and thus should be treated on an individual basis, I still like the
    old "universal rule" method. Under the old universal rules you might
    get shafted but at least everyone got shafted equally and there wasn't
    much arguing. The new rules could lead to more between parent fighting,
    court time and lawyers' fees.

    Divorce parents still have to pay for college. Non-divorced parents
    do not.

    The new guideline about taking into account second children is a
    a very good one. But also included is something about re-marriage.
    Does this mean that the second spouse's income is taken into account
    and thus support will go up upon re-marriage? And how much of a
    reduction do second children bring? Will all children (1st and 2nd)
    now be treated equally?  Those are some of the maddening details that
    the newspaper article didn't cover. When I find out, I'll post.

    

-- Rick

Rick Westerman                System Manager of the AIDS Center Laboratory
westerm@aclcb.purdue.edu      for Computational Biochemistry (ACLCB), BCHM
Phone: (317) 494-0505         bldg., Purdue University, W. Lafayette, IN 47907
  FAX: (317) 494-7897