The Indiana Supreme Court issued an order amending the Indiana Child Support Guidelines on November 5, 2015. Below I have summarized many of the changes. A copy of the Order can be found here.
- clarifying that the Guidelines apply to “educational support”;
- the Guidelines apply not only to dissolution and paternity actions, but also juvenile proceedings, as well as third-party custodian and guardianship matters;
- deleting language setting minimum support at $12.00 weekly;
- that “if there were specific living expenses being paid by a parent which are now being regularly and continually paid by that parent’s current spouse or a third party, the assumed expenses may be considered imputed income to the parent receiving the benefit”;
- an adjustment to support for subsequent legally adopted children;
- as to health care coverage, if the coverage is provided without cost to the parent(s) then zero should be entered as the amount; and, if health insurance coverage is provided through an employer, only the child(ren)'s portion should be added, and only if the parent actually incurs a cost for it;
- clarified how to credit social security benefits to a custodial parent;
- updating the Guidelines to follow the “new” emancipation age law;
- defines which education expenses are controlled expenses and which are extracurricular expenses;
- incorporates the Affordable Care Act –“The rebuttable presumption that all children have insurance available at a reasonable cost recognizes the purpose of the Affordable Care Act. Courts should consider any exemption under the Affordable Care Act as sufficient to rebut the presumption that insurance is available at a reasonable cost” ;
- a new provision regarding “Self-Monitoringand Compliance” with the requirement to provide coverage, based on the tax penalties in the Affordable Care Act;
- a removal of the HIPW worksheet and provisions;
- the following language related to the FAFSA form and whether the Court should enter a post-secondary expense order; and
- a consideration of how the right to claim a child as a dependent on a parent’s taxes may affect health insurance subsidies or tax penalties under the Affordable Care Act; shall be prorated by the number of persons covered to determine a per person cost.
To discuss this further please contact me.