CHILD SUPPORT

•Presented By: William WelchEstablishment of Paternity

• Presented By: Robert BishopEstablishment of Support

CHILD SUPPORT

William Welch

• Staff Attorney, IPAC• Phone – 812/232-1836• Email – wwelch@ipac.in.gov

CAVEAT:This will be a quick summary and

overview. In depth workshops will be offered at the 2015 Newly Elected Prosecutor IV-D

Workshops

Establishing Paternity

Paternity Affidavit

• In Hospital• Health

Department

Judicially Established

• Petition filed in Court

• Court Order

Administrative Paternity

•Hospital – within 72 Hours

•Health Dept – before emancipation

Paternity Affidavit

•Mother•Man

who reasonably appears to be father

Signing the

Affidavit

Administrative Paternity

Disestablishment Within 60 Days

• Father who signed – Can Request DNA

• File request in Paternity Court

Administrative Paternity

Disestablishment After 60 Days

• Court must find fraud, duress or mistake of fact

• Man who signed requests DNA• Test excludes man as biological father

JUDICIAL PATERNITY

Filing the Petition

JUDICIAL PATERNITY

One Child

One Case

FILINGChild – Next

Friend

Mother/FatherRespondents

FILING

JUDICIAL PATERNITY

Proper Venue

Where Mother, Child or Father Live

FILINGStatute of

Limitations

Prior to age 20, unless

incompetent

FILING

DNA TESTING

Initial Hearing

Buccal Swab

Quick Results

Admissible Results

JUDICIAL PATERNITY

DISPOSITION

• DNA over 99%

• Rebuttable Presumption

• Summary Judgment

ISSUES

• Support Types

• Other Child Issues

• Tax Issues

ISSUES IN PATERNITY

Paternity for a Child Born of a Marriage

Divorce Disestablishment

ISSUES IN PATERNITY

Long Arm Jurisdiction

Deceased Alleged Father

ISSUES IN PATERNITY

Necessary Parties

Parents of Minors

3rd Party Custodian

Husbands

JUDICIAL PATERNITY

Paternity Process Overview

Filing of Paternity

Initial Hearing

DNA shows Paternity

Paternity Finding

Paternity Order

Establishment of Child Support

Now, lets talk about getting the support established.

Robert Bishop

•Kosciusko County Deputy Prosecuting Attorney•Phone – 574/372-2421•Email – rbishop@kcgov.com

Establishing An Order of Child Support

Why Support Guidelines?

• 42 U.S.C. § 667. State guidelines for child support awards

• (a) Establishment of guidelines; methodEach State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.

Indiana Concepts

• Parental Shares • Recommended amount should allow the

child the same standard of living as if the parties were still together.

• Is presumptively correct.• Deviation only with cause shown.• Shared and Transferred costs.

What Information Do I need to Complete the Child Support

Obligation Worksheet?Income of Parties

Work Related Child Care ExpenseHealth Insurance cost

Parenting Time (specifically overnights)Older children (and Order Amount)

Younger children (No order amount needed)

INCOME

• 31-18-1-6 “anything of value”• No means tested benefits – SSI, AFDC,

certain tax credits such as the earned income credit.

• Averaging of Income is OK if the income of the AP is not consistent.

• Self-employed deduct reasonable business expenses

Parenting Time

• Although Parenting Time is a required figure on the worksheet, determining the credit when it is contested is not a IV-D function.

The Worksheet

Each party shall complete that portion of the worksheet that applies to him or her, sign the form and file it with the court. This worksheet is required in all proceedings establishing or modifying child support. IN RE: CASE NO: FATHER: MOTHER:

CHILD SUPPORT OBLIGATION WORKSHEET (CSOW)

Children

DOB

Children

DOB

1. WEEKLY GROSS INCOME

FATHER

MOTHER

A. Subsequent Children Multiplier Credit (.065 .097 .122 .137 .146 .155 .164 .173)

B. Child Support (Court Order for Prior Born)

C. Child Support (Legal Duty for Prior Born)

D. Maintenance Paid

E. WEEKLY ADJUSTED INCOME (WAI) Line 1 minus 1A, 1B, 1C and 1D

2. PERCENTAGE SHARE OF TOTAL WAI

%

%

3. COMBINED WEEKLY ADJUSTED INCOME (Line 1E)

4. BASIC CHILD SUPPORT OBLIGATIONApply CWAI to Guideline Schedules

A. Weekly Work-Related Child Care Expense of each parent

B. Weekly Health Insurance Premium – Total from HIPW, Line I

5. TOTAL CHILD SUPPORT OBLIGATION (Line 4 plus 4A and 4B)

6. PARENT’S CHILD SUPPORT OBLIGATION (Line 2 times Line 5)

7. Adjustments from Post-Secondary Worksheet

Child Care

Health Insurance

PARENTING TIME 000

8. RECOMMENDED SUPPORT

Guideline Calculators

Indiana Supreme Courthttp://www.in.gov/judiciary/2625.htm

Private softwarehttp://www.supportmastersoftware.com/

The Signature Trap

Indiana Child Support Guideline 3(B) states,1. Submitting Worksheet to Court. In all cases, a copy of the worksheet which accompanies

these Guidelines shall be completed and filed with the court when the court is asked to order

support. This includes cases in which agreed orders are submitted. Worksheets shall

be signed by both parties, not their counsel, under penalties for perjury.

BEARDSLEY, v. HEAZLITT, 654 N.E.2d 1178 (1995)

Beardsley, a party, an attorney, filed an UNSIGNED CSOW

In Cobb v. Cobb (1992), Ind. App., 588 N.E.2d 571, 575, we held that it is error for a trial court to base its

support order on an unverified and unsigned worksheet.

In the Matter of the Paternity of B.G. (2012)

memorandum decision DPA filed an unsigned CSOW

with the Court as the agreement of the parties. Mom appealed

due to lack of signature. Essence of ruling was Waiver.

31-16-9-1. All payments, except cash, must be made to INSCCU.

31-16-15-.5 Mandatory IWO.

YOUR ORDER MUST STATE THERE WILL BE AN IWO

Payments

Items required by law to be in an Order

• 31-16-6-4 Order must include medical support.*6% Rule*cash medical*Public Insurance.

• 31-16-6-1.5 Tax Dependency.‒ Bests interests standard.‒ AP can claim, but only if 95% current for

the year.‒ But, ACA

ISETS ODDITIES

Order for support must be a numeric figure.

If you adjudicate arrears, you need a payment amount

In a IV-D case, the system will only pay out what is owed.

Post-Secondary Educational Expenses

• The current CSB policy is that PSE expenses are NOT child support and that IV-D does not obtain or enforce orders for them. NO Office should seek or enforce PSE orders and no PSE orders should be entered into ISETS.

90 calendar days from locating the alleged father or non-

custodial parent the PA must establish an order for support

OR complete service of process necessary to commence

proceedings to establish a support order…

Federal timelines