Indiana Divorce Guide

Child Support

In actions involving an Indiana divorce, legal Child supportseparation or child support, Indiana child support laws mandate that courts may order one or both parents to pay any reasonable amount for Indiana child support of a child, without regard to marital misconduct.

The court may consider all relevant factors, including:
  1. the financial resources of the custodial parent and
  2. the standard of living the child would have enjoyed if:
  • the marriage had not been dissolved; or
  • the separation had not been ordered
  • the physical or mental condition of the child and the child’s educational needs; and
  • the financial resources and needs of the non custodial parent. Recipients to child support must have or establish a bank account into which child support payments may be made
Child support terminates when the child becomes 21 years old, unless any of the following conditions occur:
  • The child is emancipated before becoming 21
  • The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court
  • The child:
  1. is at least 18 years old
  2. has not attended a secondary or post secondary school for the prior 4 months and is not enrolled in a secondary or post secondary school; and
  3. is employed, or is capable of supporting himself or herself through employment

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A child support order may also include basic health and hospitalization insurance, where appropriate, as well as provisions for the child’s educational expenses. All orders and awards contained in a child support decree or an order Child supportdirecting a person to pay a child support arrearage may be enforced by:

  • contempt
  • an income withholding order
  • any other remedies available for the enforcement of a court order

The court may, upon a request by the person or agency entitled to receive child support payments, order interest charges of not more than one and one-half percent (1 1/2%) per month to be paid on any delinquent child support payment.

Annual Support Fee (ASFE)

The Annual Support Fee (ASFE) or sometimes referred to as a docket fee by County Clerks, is $55 per year, and is due each January by all payors of child support in this state. It is mandated that this fee must be paid by all those individuals whose court order requires them to pay support or maintenance payments through the Indiana State Central Collection Unit (INSCCU) or through the Clerk of Courts.

If there is a chance your Ex will try to manipulate you or the kids with the visitation schedule, put an on-line Parenting Plan in place. Nothing stops the game-playing like a schedule in black and white. Simply tell your Ex that in order for the schedule to be changed, it must be discussed and agreed to; otherwise it is not changing.

In cases where there is an income execution order (wages garnished), the employer will receive a notice each year and must remit this fee with ordinary child support deductions, to the INSCCU. If you are paying directly to the INSCCU and not with a wage assignment through work, you can remit your annual $55 to: INSCCU – ASFE PO Box 6271 Indianapolis, IN 46206-6271

Child support calculator   |   Indiana Child Support Rules and Guidelines

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