Sec. 1. (a) Subject to subsection (f), in an action for
dissolution of marriage under IC 31-15-2, legal separation under IC 31-15-3, child support under IC 31-16-2, or establishment of paternity
under IC 31-14, the court may order either parent or both parents to pay
any amount reasonable for support of a child, without regard to marital
misconduct, after considering all relevant factors, including:
(1) the financial resources of the custodial parent;
(2) the standard of living the child would have enjoyed if:
(A) the marriage had not been dissolved;
(B) the separation had not been ordered; or
(C) in the case of a paternity action, the parents had been
married and remained married to each other;
(3) the physical or mental condition of the child and the child's
educational needs; and
(4) the financial resources and needs of the noncustodial parent.
(b) The court shall order that child support payments ordered under
this section be immediately withheld from the income of the parent
obligated to pay child support as provided under IC 31-16-15-0.5.
(c) The court shall order a custodial parent or third party under IC 31-16-10-1 who receives child support to obtain an account at a
financial institution unless:
(1) the custodial parent or third party files a written objection
before a child support order is issued; and
(2) the court finds that good cause exists to exempt the custodial
parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shall
provide the clerk of the circuit court, the state central collection unit,
or other person or entity acting as assignee or trustee for remittance
with an account number and any other information necessary to transfer
funds to the account.
(d) In accordance with its policies, a financial institution may
restrict or deny services to a person ordered to obtain an account under
this section.
(e) This section may not be construed to require the clerk of the
circuit court to remit child support payments by electronic funds
transfer.
(f) In determining the amount to be ordered for support of a child,
incarceration of a parent may not be considered to be voluntary
unemployment.
[Pre-1997 Recodification Citation: 31-1-11.5-12(a).]
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002,
SEC.9; P.L.207-2013, SEC.44; P.L.94-2018, SEC.2.
Notes of Decisions
Russell Goodman v. Stephanie Goodman, 94 N.E.3d 733 (Ind. Ct. App. 2018).
· cites it 4× “As such, Husband maintains that the current weekly support obligation of $330 is too high compared to the standard of living K.”
Carmichael v. Siegel, 754 N.E.2d 619 (Ind. Ct. App. 2001).
· cites it 2× “1; Ind.Code § 31-16-6-1(2). We conclude that when a trial court chooses to impute income to a parent based upon expenses paid by his or her current spouse, there should be some consideration of the parent's historical expenses before remarriage and how much of those expenses…”
Marriage of Boone v. Boone, 924 N.E.2d 649 (Ind. Ct. App. 2010).
· cites it 4× “And, under Indiana Code Section 31-16-6-1, a request for an order of child support may be filed in a dissolution action, an action for legal separation, or in a separate action for child support.”
Carter v. Dayhuff, 829 N.E.2d 560 (Ind. Ct. App. 2005).
· cites it 3× “Code § 31-16-6-1 . More specifically, the Indiana Code provides: (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education in elementary and secondary schools and at institutions of higher learning,…”
Marriage of Sutton v. Sutton, 773 N.E.2d 289 (Ind. Ct. App. 2002).
· cites it 2× “In the wake of this Court’s emancipation of Karine, and recognizing that the trial court remains in the best position to re-calculate both the child support for the two youngest daughters and the child support and possible college expenses which may apply to Lindsay, we proceed…”
Davis v. Knafel, 837 N.E.2d 585 (Ind. Ct. App. 2005).
· cites it 8× “In sum, the record does not demonstrate that either of these factors has changed since the original order was issued. Finally, Knafel asserts that T.”
Clark v. Clark, 902 N.E.2d 813 (Ind. 2009).
· cites it 2× “§ 31-16-6-1(a). 3 . Since Lambert, the Court of Appeals has addressed petitions for modification of child support due to incarceration in addition to this case.”
Claypool v. Claypool, 712 N.E.2d 1104 (Ind. Ct. App. 1999).
· cites it 3× “CODE § 31-16-6-1 (1998). [6] Carr, 600 N.E.2d at 945 (citing Neudecker v.”
Richard Eric Johnson v. Gillian Wheeler Johnson, 999 N.E.2d 56 (Ind. 2013).
· cites it 2× “Those factors are now codified at Indiana Code § 31-16-6-1(a) (Supp.2013), and include: (1) the financial resources of the custodial parent; (2) the standard of living the child.”
Tirey v. Tirey, 806 N.E.2d 360 (Ind. Ct. App. 2004).
· cites it 2× “In the instant context, that means a trial court has jurisdiction to fashion child support orders (pursuant to I.C. § 31-16-6-1(a)), and the court has the authority to enter a child support order in a dissolution proceeding against a non-parent (pursuant to the rationale in…”
Brown v. Brown, 823 N.E.2d 1224 (Ind. Ct. App. 2005).
· cites it 4× “5-12(a) [now Ind.Code § 31-16-6-1] was the standard of living the children would have enjoyed had the marriage not been dissolved.”
Ind. Code § 31-16-6-1(2): 1 case
Carmichael v. Siegel, 754 N.E.2d 619 (Ind. Ct. App. 2001).
“1; Ind.Code § 31-16-6-1(2). We conclude that when a trial court chooses to impute income to a parent based upon expenses paid by his or her current spouse, there should be some consideration of the parent's historical expenses before remarriage and how much of those expenses…”
Ind. Code § 31-16-6-1(4): 1 case
Ind. Code § 31-16-6-1(a): 5 cases
Richard Eric Johnson v. Gillian Wheeler Johnson, 999 N.E.2d 56 (Ind. 2013).
“Those factors are now codified at Indiana Code § 31-16-6-1(a) (Supp.2013), and include: (1) the financial resources of the custodial parent; (2) the standard of living the child.”
Tirey v. Tirey, 806 N.E.2d 360 (Ind. Ct. App. 2004).
“In the instant context, that means a trial court has jurisdiction to fashion child support orders (pursuant to I.C. § 31-16-6-1(a)), and the court has the authority to enter a child support order in a dissolution proceeding against a non-parent (pursuant to the rationale in…”
Clark v. Clark, 902 N.E.2d 813 (Ind. 2009).
“§ 31-16-6-1(a). 3 . Since Lambert, the Court of Appeals has addressed petitions for modification of child support due to incarceration in addition to this case.”
Ind. Code § 31-16-6-1(a)(2)(A): 1 case
Ind. Code § 31-16-6-1(a)(4): 1 case
Clark v. Clark, 902 N.E.2d 813 (Ind. 2009).
“§ 31-16-6-1(a). 3 . Since Lambert, the Court of Appeals has addressed petitions for modification of child support due to incarceration in addition to this case.”
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