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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Indiana, courts have the authority to order a parent to pay child support that exceeds the amount calculated under the standard child support guidelines if it is determined that the parent is voluntarily unemployed or underemployed. This means that if a parent is intentionally not working, or is working below their capacity to earn more income, the court can base child support obligations on the parent's potential income rather than their actual income. This is done to prevent a parent from avoiding their child support responsibilities by choosing not to work or by taking a lower-paying job. The court will consider factors such as the parent's work history, education, skills, and job opportunities to determine what they could potentially earn. The intention behind this regulation is to ensure that children receive the financial support they need, and that both parents are contributing fairly based on their ability to pay.

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Child support

unemployment/underemployment

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Indiana State Code

Indiana State Code

Child support

unemployment/underemployment

Articles