Indiana Divorce Law...

Indiana Law - When Can Child Support Awards Be Modified?

Child support awards may be modified whenever there is a dramatic change in circumstances. The language of the law is that the change must be "so substantial and continuing as to make the terms unreasonable."

Child support awards may also be modified if:

• The award is more than 20% different than the guideline amount; and
• The child support order is at least a year old.

The kinds of changes that can trigger a modification include a large increase or decrease in the income of either party.

By making it relatively difficult to obtain a modification, the law's goal is to discourage repeated litigation over relatively small amounts.

There are two effects of this kind of approach. One is to encourage the parties to adjust to their circumstances with less continuing reliance on the other party. The other is to reduce litigation and unclog the court system.

If the payer dies, that does not automatically terminate or even modify the child support order. However, representatives of the estate may petition for an adjustment.

Section 31-1-11.5-17.

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