Fort Wayne and Auburn, Indiana Attorney at Law
I. CUSTODY MODIFICATION. In Indiana, a custody modification requires satisfaction of a two (2) part test. The first part is that since the time of the last Court Order regarding custody, there has been a substantial and continuous change in at least one of the factors that cumulatively comprise the best interests of the child. These factors are:
- The age and sex of the child;
- The wishes of the parents;
- The wishes of the child, with more consideration given to those wishes once the child is fourteen (14); (please note that this does not give the child the sole authority to decide the custody arrangement, it merely gives the child "a greater voice;"
- The interaction of the child with his home, school, and community;
- The interaction of the child with his siblings, parents, and any other third parties that affect his best interests;
- Evidence of a history of domestic or family violence;
- The mental or physical health of all individuals involved; and
- Evidence the child has been cared for by a de facto custodian.
Secondly, a party must prove that these factors, when taken together and with all other relevant factors, result in a determination that modification is in the best interests of the child. It is important to know that these factors, and how they interact with each other, are the subject of many years of interpretation from Indiana Trial Courts, the Indiana Court of Appeals, and the Indiana Supreme Court. You should consult with an attorney to discuss these factors and their relationship to a modification of child custody.
II. SUPPORT MODIFICATION. Indiana provides two possible methods of modifying child support. The first is that since the time of the last Order regarding support, there has been a substantial and continuous change in circumstances that make the current Order unreasonable. It is helpful to consult with an attorney to determine what Indiana Courts have interpreted this to mean.
The second method requires two distinct showings: (1) that it has been more than one year since the Court's last Order regarding support, and (2) the new amount, when compared to the old amount, differs by at least twenty percent (20%). When contemplating what a presumptive amount of child support should be, the Indiana Supreme Court has created a child support calculator. To access it, please click this link:
https://secure.in.gov/judiciary/childsupport/calculator/support.pl
Please note that this calculator is not necessarily indicative of what a support amount will be. You should consult with an attorney to ascertain what the appropriate figures are to supply to the calculator. Additionally, a Court has the discretion to deviate from the presumed amount of support based upon appropriate circumstances. You should discuss these with your attorney.
III. ENFORCEMENTS. Circumstances sometimes arise when parties do not abide by a Court's Orders. Among the most common methods of seeking enforcement of a Court Order is to allege that a person has acted in Contempt of the Court's Order. Contemptuous conduct is when a party has acted in willful disobedience of the Court's Order. It is an intentional violation.
A finding that a person has acted Contemptuously can result in a wide variety of sanctions, depending upon the circumstances of the case. An award of attorney's fees, incarceration, suspension of a driver's license, and many other remedies are available in different situations.
Nordmann Law Offices provides a more thorough explanation of all these ideas at a free initial consultation.
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Nordmann Law Offices
Fort Wayne Office
110 West Berry Street
2010 National Center
Fort Wayne, IN 46802-2316
260-420-5511 (phone)
260-420-5521 (fax)
Auburn Office
600 South Main Street
Auburn, IN 46706
260-925-5200 (phone)
260-420-5521 (fax)
Based in Fort Wayne and Auburn, Indiana, Nordmann Law Offices represents clients in Fort Wayne, Auburn, Angola, Indianapolis, Decatur, Bluffton, Columbia City, Huntington, Albion, LaGrange, and Kendallville; as well as Steuben County, De Kalb County, Allen County, Noble County, Wells County, Adams County, Huntington County, Whitley County, Marion County, and LaGrange County, Indiana.
