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Q:  How much child support will I receive or have to pay?

A:  The amount of child support you may receive or be ordered to pay by the court depends on several factors.  According to Indiana Code 31-16-6-1, the court may order one parent or both parents to pay a reasonable amount for child support after considering relevant factors, including the financial resources of the custodial and non-custodial parent, the standard of living the child would have enjoyed had the parents remained married or did not legally separate, and the emotional and educational needs of the child.  A qualified family law attorney can consider all critical factors to carefully determine the amount of child support you should receive or may be required to pay.

The State of Indiana also provides resources on calculating child support at the following website: http://www.in.gov/judiciary/childsupport/.


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Q:   What is the age of emancipation for children in Indiana?

A:  Your responsibility to financially support a child after a divorce or a legal separation continues until the child reaches the age of emancipation — 19 — according to Indiana Code 31-16-6-6.  However, the duty to pay child support may end if the child is emancipated before he or she reaches the age of 19.  This may occur if the child joins the U.S. armed services; marries; or is not under the care of parents or a court-approved agency or individual.

However, if the child becomes incapacitated, the duty to pay child support may continue beyond the age of 19.  In this case, the obligation to pay for child support would continue during the incapacity or until further ordered by the court.


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Q:    Do I have to cover my child’s college education as part of the child support order?

A:  The court considers multiple factors in determining whether it would be appropriate to order the parent to pay for his or her child’s college education as a part of the support order.  According toIndiana Code 31-16-6-2, the court takes into account the child’s aptitude; reasonable ability to pay for educational expenses through work, loans, and other sources of financial aid; and each parent’s ability to meet educational expenses, including tuition, books, supplies, and room and board.


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Q:    Do I have to cover my child’s healthcare expenses as part of the child support order?

A:  Indiana’s Child Support Guidelines state that the parent who can obtain the most comprehensive health care coverage at minimal cost should provide health insurance coverage for the child.  If the employer pays for some of the healthcare costs but not all, the parent that pays the remaining portion will receive a credit towards his or her child support obligation.


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Q:    During a divorce, how is property divided in Indiana?

A:  Indiana is an equitable distribution state, meaning that when parties choose to divorce the court will divide their property in a manner that is just and reasonable but not necessarily equal.  Indiana Code 31-15-7-5 states that the court will presume an equal division of the marital property, but that this presumption can be rebutted.  One of the parties can rebut this presumption by providing relevant evidence, such as the spouse’s economic circumstances, that would make an equal division unjust or unreasonable.

For more information regarding property division, please see the Property Division in Indiana page.  To speak to an attorney regarding Indiana property division or child support laws and requirements, contact Olivia Napariu, Attorney at Law, for assistance.

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Napariu Law, LLC 

8250 Haverstick Road,  Suite 150,  Indianapolis, IN  46240

Phone: (317) 475-4466