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 Minors3 rd Party CustodianHusbands
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/ – Establishing An Order of Child Support
Why Support Guidelines? 42 U.S.C. § 667. State guidelines for child support awards (a) Establishment of guidelines; method Each 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 Expense Health Insurance cost Parenting Time (specifically overnights) Older children (and Order Amount) Younger children (No order amount needed)
INCOME “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.
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 ( ) 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 OBLIGATION Apply 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 RECOMMENDED SUPPORT
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.Cobb v. Cobb (1992), Ind. App., 588 N.E.2d 571, 575,
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.
All payments, except cash, must be made to INSCCU Mandatory IWO. YOUR ORDER MUST STATE THERE WILL BE AN IWO Payments
Items required by law to be in an Order Order must include medical support. *6% Rule *cash medical *Public Insurance 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