Child Support
Residency Requirements and Grounds for Divorce
Either you or your spouse must be an Indiana resident or a military member stationed in the state for six months to file for divorce, also called "dissolution." You also need to live in the county where you file your case for three months before you file.
No-fault divorce is an option, and in your divorce papers, you state there's been an "irretrievable breakdown" in the marriage. This means there's no reasonable hope the marriage can continue. Other grounds for a divorce include:
- A spouse's felony conviction after getting married
- Impotence at the time of the marriage
- Incurable mental illness lasting at least two years
If you and your spouse agree on the divorce, and put it in writing, the marriage can be ended as early as 60 days after divorce papers are filed.
A divorce cases starts when one spouse files a "Petition for Dissolution of Marriage" with the Superior Court, the Circuit Court or the Domestic Relations Court. The other spouse is then served with the paperwork and given time to respond. If you agree on property and debt division issues, your divorce may be finalized without a trial. If you don't agree, the court schedules a hearing. If there's a chance for reconciling, the court can order a couple to seek counseling and your case can be delayed up to 45 days.
Once the petition is filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.
Dividing the Property
In Indiana, marital property is divided "equitably," meaning the court seeks a fair division. Marital property is all assets and debts acquired before and after your marriage. The court presumes equal division is just and reasonable. However, you may rebut with evidence showing equal division would not be just and reasonable. Factors concerning equitable division include:
- Each spouse's contributions in acquiring marital property
- Extent of property acquired before marriage by inheritance or gift
- The economic circumstances of each spouse, including whether the custodial parent should live in the family home
- Each spouse's conduct during marriage as it relates to use or disposition of property
- Each spouse's earnings and earning ability
Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with an Indiana divorce lawyer and it can save you a lot of time and money.
Alimony
A court can order alimony -called "maintenance" - in Indiana based on findings that the spouse seeking support:
- Can't be self-supporting due to physical or mental incapacity
- Lacks sufficient property for self-support, and can't work due to care needs of a disabled child
Rehabilitative maintenance helps a spouse obtain the education or skills needed to go back to work. A judge looks at these factors when awarding this support type:
- Each spouse's educational level at the time or marriage and the divorce
- Whether the spouse seeking support put their own education, training or job on hold due to homemaking or child care responsibilities
- Earning capacity of each spouse
- Time and expense needed to gain the education or training to allow for proper employment
A court can order temporary alimony while the divorce is pending. Most alimony is ordered for a specific length of time. If either spouse later seeks modification, it must be based on showing:
- A substantial change in circumstances, or
- An order, issued at least 12 months previously, to pay child support differing by more than 20 percent from the amount based on the child support guidelines
Child Custody and Visitation
Courts decide child custody issues based on the "best interest" of the child. In deciding on either sole or joint custody, a court looks at these factors:
- Child's age and sex
- Parents' wishes
- Child's wishes, especially if at least 14 years old
- The interaction of the child with parents, siblings and any others who may affect the child's best interest
- Child's adjustment to home, school and community
- The mental and physical health of all persons involved
- History of domestic violence
In deciding joint custody issues, the court also considers:
- The fitness and suitability of each parent
- Whether the parents are willing and able to communicate and cooperate
- Child's wishes
- Whether the child has a close and beneficial relationship with both parents
- Whether the parents live near each other and plan to continue to do so
- The physical and emotional environment in each parent's home
Once the judge signs the custody order and it's filed with the court, both parents are bound by it.
A non-custodial parent usually has visitation rights. If a parent is denied court-ordered access to a child, the parent can seek further help from the court. Remedies include changing visitation terms, granting make-up visits or ordering counseling or mediation.
Child Support
One or both parents may be ordered to pay reasonable child support. Marital fault isn't a factor; the court orders support based on all relevant factors, including:
- Financial resources of the custodial parent
- Financial resources and needs of the non-custodial parent
- Child's standard of living had the parents not divorced
- Child's mental and physical condition
- Child's educational needs
If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support of the child.
If you seek a modification of a child support order, you need to show:
- A substantial change in circumstances, or
- An order, issued at least 12 months previously, to pay child support that differs by more than 20 percent from the amount based on the child support guidelines
Examples of a substantial change in circumstances include a change of custody, changes in either parent's income and changes in the child's needs based on age.