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CHILD SUPPORT Presented By: William Welch Establishment of Paternity Presented By: Robert Bishop Establishment of Support.

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Presentation on theme: "CHILD SUPPORT Presented By: William Welch Establishment of Paternity Presented By: Robert Bishop Establishment of Support."— Presentation transcript:

1 CHILD SUPPORT Presented By: William Welch Establishment of Paternity Presented By: Robert Bishop Establishment of Support

2 CHILD SUPPORT William Welch Staff Attorney, IPAC Phone – 812/ –

3 CAVEAT: This will be a quick summary and overview. In depth workshops will be offered at the 2015 Newly Elected Prosecutor IV-D Workshops

4 Establishing Paternity Paternity Affidavit In Hospital Health Department Judicially Established Petition filed in Court Court Order

5 Administrative Paternity Hospital – within 72 Hours Health Dept – before emancipation Paternity Affidavit Mother Man who reasonably appears to be father Signing the Affidavit

6 Administrative Paternity Disestablishment Within 60 Days Father who signed – Can Request DNA File request in Paternity Court

7 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

8 JUDICIAL PATERNITY Filing the Petition

9 JUDICIAL PATERNITY One Child One Case FILING Child – Next Friend Mother/Father Respondents FILING

10 JUDICIAL PATERNITY Proper Venue Where Mother, Child or Father Live FILING Statute of Limitations Prior to age 20, unless incompetent FILING

11 DNA TESTING Initial Hearing Buccal Swab Quick Results Admissible Results

12 JUDICIAL PATERNITY DISPOSITION DNA over 99% Rebuttable Presumption Summary Judgment ISSUES Support Types Other Child Issues Tax Issues

13 ISSUES IN PATERNITY Paternity for a Child Born of a Marriage Divorce Disestablishment

14 ISSUES IN PATERNITY Long Arm Jurisdiction Deceased Alleged Father

15 ISSUES IN PATERNITY Necessary Parties Parents of Minors3 rd Party CustodianHusbands

16 JUDICIAL PATERNITY

17 Paternity Process Overview Filing of Paternity Initial Hearing DNA shows Paternity Paternity Finding Paternity Order Establishment of Child Support

18 Now, lets talk about getting the support established.

19 Robert Bishop Kosciusko County Deputy Prosecuting Attorney Phone – 574/ – Establishing An Order of Child Support

20 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.

21 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.

22 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)

23 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

24 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.

25 The Worksheet

26 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

27 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 % %

28 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)

29 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

30

31 Guideline Calculators Indiana Supreme Court Private software

32 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.

33 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,

34 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.

35 All payments, except cash, must be made to INSCCU Mandatory IWO. YOUR ORDER MUST STATE THERE WILL BE AN IWO Payments

36 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

37 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.

38 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.

39 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


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