Understanding, Calculating Child Support
Both Kentucky and Indiana have formulas for calculating child support. Both states base child support on the parties’ income. Health insurance costs, daycare, arrearages and the amount of overnights will all affect the amount of child support that is owed. If a party is unemployed, their income will be imputed to minimum wage for purposes of calculating child support.
Modifications To Child Support
If there has been a substantial change in circumstances, such as a significant increase or decrease in either party’s pay, then you can file a motion to modify child support. Once the support order is modified, it will be effective retroactively back to the date of filing, so it is a good idea to file for a modification as soon as a change in income has occurred.
Informal Agreements To Modify Child Support
Informal agreements to modify child support are a bad idea! You are still obligated to follow whatever order the court has in place until that order has been changed by the judge. Although the receiving party may tell you it is okay now, they can change their minds years later and ask to hold you in contempt for failure to make the ordered payments, and you can be responsible for thousands of dollars in arrearages! Do not fall into this trap — make your modification official.
Informal Payments Of Child Support
The best way to make child support payments is through the child support office. That way there is an official record of your payments. If you are not paying through the child support office, you should get a receipt or somehow record the payments that you have made so that the receiving party cannot later turn on you and claim that you have not made the payments.
Enforcement Of Child Support Orders
If you are entitled to receive child support but the payor is not paying, there are several ways to enforce your child support order. By filing a motion to hold the other party in contempt, you can ask the court to order the nonpayor to pay for your attorney fees, to pay interest on the unpaid child support, to revoke the party’s driver’s license, and even to hold the other party in jail. Additionally, you can garnish wages, assets and tax returns of a party in arrears.