Family law exam 2

What is Indiana's legal standard for custody?

The best interests of the child.

At what age do a child's wishes receive more consideration?

At least 14 years old.

What is the difference between physical and legal custody?

Physical custody determines where the child lives. Legal custody determines who makes major decisions for the child.

What must a stepparent show to seek visitation in the class example?

A custodial and parental relationship with the child, and that visitation is in the child's best interests.

What is a child-support deviation?

A departure from the amount calculated under the Child Support Guidelines.

When may child support be modified under the 20% rule?

When the new amount differs by at least 20% and the existing order is at least 12 months old.

What is a parenting-time credit?

A credit based on the noncustodial parent's annual overnights with the child.

What is an arrearage?

Money that is overdue or unpaid.

At what age does child support generally terminate?

Age 19, subject to exceptions listed in the slides.

What is UIFSA?

The Uniform Interstate Family Support Act. It addresses which state's child-support order courts defer to.

What are the Indiana Parenting Time Guidelines?

Guidelines adopted by the Indiana Supreme Court to help parents create parenting plans. If parents cannot agree, they provide the minimum parenting time needed to maintain frequent, meaningful, and continuing contact with the child.

What is physical custody?

Determines where the child lives. The parent with physical custody generally provides the child's home and day-to-day care.

What is primary or sole physical custody?

One parent has the child living with them most of the time. The other parent may exercise parenting time.

What is legal custody?

Authority to make major decisions about the child's education, religious training, and medical care.

What is sole legal custody?

One parent has authority to make major decisions about the child's life.

What is joint legal custody?

Both parents have authority to make major decisions about the child's life.

What is the difference between physical and legal custody?

Physical custody concerns where the child lives and daily care; legal custody concerns major decisions.

What is parenting time?

Time the non-primary physical custodian spends with the child, often called visitation.

Can a parent without legal custody still have rights and obligations?

Yes. The parent may have parenting time and child support obligations but cannot make ordinary major decisions about education, religion, or medical care. In an emergency, the parent may make necessary medical decisions while caring for the child.

Can child support be ordered when parents share joint physical custody?

Yes. Even if parents split physical custody equally, child support may still be ordered.

What is the legal standard for determining custody in Indiana?

The best interests of the child. The decision focuses on the child's needs rather than the parents' rights.

Does Indiana presume that one parent is better suited for custody?

No. There is no presumption favoring either parent.

Where are Indiana's custody factors found?

Indiana Code § 31-14-13-2.

What factors does the court consider when determining the child's best interests?

The child's age and sex; parents' wishes; child's wishes; relationships with parents, siblings, and significant others; adjustment to home, school, and community; mental and physical health; domestic or family violence; and care by a de facto custodian.

When do the child's wishes receive more consideration?

When the child is at least 14 years old.

Must a court follow an agreement the parents make about custody?

No. The court may issue a different decision if it determines that the different arrangement serves the child's best interests.

Who has custody when an unmarried woman gives birth, absent a different agreement or court order?

The mother has sole legal and primary physical custody.

Does signing a paternity affidavit automatically give an unmarried father joint custody?

No. The slides state that the mother retains sole legal and primary physical custody unless a court orders otherwise or the parents agree to joint legal custody through the affidavit.

What is a de facto custodian?

An adult who has been the child's primary caregiver and financial supporter for at least six months if the child is under three, or one year if the child is three or older.

What happens if the court finds that a de facto custodian exists?

The de facto custodian becomes a party to the case, and the court considers additional factors when determining custody.

What additional factors apply to a de facto custodian?

The custodian's wishes; how the child was cared for and supported; the parent's intent in placing the child there; and the circumstances that led to the arrangement, including work or school.

When may a court appoint a Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA)?

When the judge believes the child's best interests may not be protected, including high-conflict cases.

When is appointing a GAL or CASA mandatory according to the slides?

In abuse and neglect cases.

What does a GAL or CASA do?

Advocates for the child, investigates family relationships and the child's needs and wishes, and considers safety and development. The person does not have to be an attorney.

What parenting time do the slides recommend for a noncustodial parent with a child age three or older?

Alternating weekends from Friday at 6 p.m. to Sunday at 6 p.m., one evening per week for up to four hours, and scheduled holidays.

What is contempt in a parenting-time case?

A court response to unjustified violations of a parenting-time order. Possible sanctions include fines, imprisonment, or community service.

What is the difference between contempt and modification?

Contempt seeks to enforce an existing court order; modification asks the court to change an existing arrangement.

What can a noncustodial parent request if the custodial parent prevents parenting time?

An application for an injunction to enforce parenting time under Indiana Code § 31-17-4-4.

When may a court modify a custody order?

When modification is in the child's best interests and there has been a substantial change in one or more relevant custody factors.

What must a parent generally do before relocating with a child?

File a notice of intent to move with the clerk of the court that issued the custody or parenting-time order, or the court with jurisdiction over those proceedings.

What are the relocation-notice exceptions listed in the slides?

No notice is required if a prior court order addressed relocation or excused notice, or if the move decreases the distance between parents or increases it by no more than 20 miles while allowing the child to remain in the same school.

What can the other parent do if they oppose a proposed relocation?

Ask the court for a hearing.

When may a grandparent seek court-ordered visitation in Indiana?

If the child's parent is deceased, the parents' marriage was dissolved in Indiana, or the child was born out of wedlock, subject to the paternity limitation for paternal grandparents.

Can a paternal grandparent seek visitation if the child was born out of wedlock and the father has not established paternity?

No, according to the slides' summary of Indiana Code § 31-17-5-1.

What must a stepparent show to obtain visitation under the class example?

A custodial and parental relationship with the child, and that visitation is in the child's best interests.

What case is identified in the slides for stepparent visitation?

Hughes v. Banning, 541 N.E.2d 283 (Ind. Ct. App. 1989). The slides say stepparent visitation is allowed in some circumstances.

Can postsecondary educational expenses continue after ordinary child support ends?

Yes. The slides distinguish educational-expense orders from ordinary child-support orders.

What is the deadline to petition for postsecondary educational expenses under the slides?

For support orders issued before July 1, 2012, the petition may be filed until age 21. For orders issued or modified after June 30, 2012, it must be filed before age 19.

What is the Title IV-D child-support program?

a federal-state partnership created under Part D of Title IV of the Social Security Act in 1975 to help families establish paternity, set up and enforce child support orders, and collect financial and medical support

Who can receive Title IV-D services?

Title IV-D child support program is available to any parent or legal guardian who needs help establishing or enforcing child support, regardless of their income or where they live

What services does the IV-D program provide?

Locating parents; establishing paternity and support orders; establishing and enforcing medical support; collecting, accounting for, and distributing payments; enforcing orders; and modifying orders.

What must a parent receiving TANF do regarding IV-D?

Cooperates with IV-D and assign child-support and spousal-support rights to the state.

What are the three objectives of Indiana's Child Support Guidelines?

Establish an appropriate support standard based on parents' ability to pay; treat similar situations consistently; and make court proceedings more efficient by encouraging settlements and guiding awards.

What is the rebuttable presumption regarding guideline child support?

The guideline amount is presumed correct. The person arguing that it is incorrect has the burden of challenging it.

What document is used to calculate Indiana child support?

The Child Support Obligation Worksheet, which is completed, signed by the parents, and filed with the court.

What is Indiana's income shares model?

Both parents' adjusted gross incomes are combined, each parent's share is calculated, and the total support obligation is divided according to their proportionate income shares.

What are the main steps in the income shares model?

Combine adjusted incomes; use the guideline schedule to find basic support; add work-related childcare and the child's health-insurance costs; then prorate the obligation based on each parent's income share.

What expenses can reduce or adjust the child-support obligation in the calculation?

The child's health-insurance costs, work-related childcare costs, and the parenting-time credit.

What is imputed income?

The slides define it as the cash value of non-cash benefits or income an employee receives from an employer.

Do the slides definitively state whether a stepparent's income is included in gross income?

No. The slides raise this as an in-class question but do not provide a definitive answer. Do not assume the slides establish a rule.

What is a parenting-time credit?

A credit based on the number of annual overnights the child spends with the noncustodial parent.

What expenses are used to calculate parenting-time credit?

Transferred expenses and duplicated fixed expenses.

What are transferred expenses?

Expenses that move with the child between homes, such as food and transportation. The credit helps prevent the noncustodial parent from paying these costs twice.

What are duplicated fixed expenses?

Expenses both parents incur that do not move with the child, such as shelter costs.

How do duplicated fixed expenses affect parenting-time credit?

The support schedule attributes fixed expenses to the primary physical custodian. More overnights with the noncustodial parent generally mean a larger credit for duplicated expenses.

What are controlled expenses?

Expenses controlled by the custodial parent, such as education, school books and supplies, and personal care items.

What percentage of the cost of raising a child do controlled expenses represent in the slides?

15%.

Are controlled expenses generally shared through the parenting-time credit?

No. They generally remain with the parent who does not receive the parenting-time credit and are usually considered only when parenting time is equal.

What are extraordinary expenses?

Large, specific expenses that do not recur regularly, unlike ordinary day-to-day child-rearing expenses.

How are extraordinary expenses handled according to the slides?

Uninsured medical expenses and extracurricular expenses should be apportioned based on income. Educational expenses may be awarded under statute.

How are optional extracurricular expenses allocated when parents agree?

The parents pay their pro rata shares from line 2 of the Child Support Obligation Worksheet.

What factors matter if parents disagree about extracurricular expenses?

Each parent's ability to pay; which parent encourages the activity; the child's history of participating; and the reasons for encouraging or opposing it.

What is a child-support deviation?

A departure from the amount produced by the Child Support Guidelines.

When may a judge order a deviation?

When the guideline amount would be unreasonable, unjust, or inappropriate.

What must a judge do when granting a deviation?

Make a written finding explaining the reason for the deviation.

What are examples of reasons for a deviation?

Required union dues; supporting an elderly parent; extraordinary personal medical expenses; military-provided housing; shared controlled expenses; work-release fees; unusual overnight arrangements; or significant parenting-time travel expenses.

What are the two main grounds for modifying child support under the slides?

Either the new calculation changes the amount by at least 20% and the order is at least 12 months old, or circumstances have changed substantially and continuously enough to make the order unreasonable.

What is the 20% rule for child-support modification?

The newly calculated amount must differ by at least 20% from the existing order, and the existing order must have been in place for at least 12 months.

How do you calculate percent change in a child-support amount?

Subtract the initial amount from the new amount, divide by the initial amount, and multiply by 100. Use the absolute size of the percentage to assess whether the change reaches 20%.

If support changes from $71 to $50, is the change at least 20%?

Yes. The decrease is $21; (21 / 71) * 100 is approximately 29.6%.

What if a parent loses a job or has a lower income?

A parent may seek modification if the legal requirements are met. The existing order does not automatically change just because income changes.

What court filing is used to change an existing child-support order?

A Petition for Modification.

What filing is used when married parents seek dissolution or legal separation?

The Child Support Obligation Worksheet is included with the Petition for Dissolution or Petition for Legal Separation.

What filing is used when unmarried parents have no existing orders?

A Petition for Paternity and Request for Custody, Parenting Time, and Child Support.

What is a petition?

A formal written request presented to a court or other official body.

What is a wage withholding or income withholding order?

An order directing the paying parent's employer to deduct child-support payments directly from their paycheck.

How are child-support payments made in Indiana according to the slides?

Through the Indiana Department of Child Services. The slides list check, credit card, and cash as payment methods.

What is an arrearage?

Money that is overdue or unpaid. It accrues when a support order exists and the person ordered to pay does not pay.

What are possible consequences of unpaid child support?

Debt may be reported to credit agencies; failure to pay can result in a felony conviction; and arrearages may affect driving privileges or professional licenses.

What is a federal tax offset for child-support arrearages?

In a IV-D case, a tax refund may be intercepted to pay overdue support when the amount owed meets the slide's stated threshold of $150.

When may a passport be denied or revoked for unpaid child support?

When arrearages are $2,500 or more, in a IV-D case.

When are driving privileges considered delinquent under the slides?

When unpaid support reaches $2,000 or three months delinquent.

How can a parent avoid increasing arrearages when they can no longer afford the ordered amount?

Seek a modification of the child-support order if the legal requirements are met.

At what age does child support generally terminate in Indiana?

Age 19, subject to exceptions.

When may support terminate before age 19?

If the child is emancipated before 19, including through marriage, active military service, or no longer being under a parent's or agency's care or control.

When may support continue beyond age 19?

If the child is incapacitated, support continues during the incapacity. A separate postsecondary educational-expense order may also continue after ordinary support ends.

What happens if a child is 18 or older, is not enrolled in secondary or postsecondary school for four months, and can support themselves?

The slides list this as a circumstance in which child support terminates.

What if a child remains enrolled in secondary school?

The slides state that support terminates at graduation if the required notice is filed.

What happens to support obligations if a child is adopted or parental rights are terminated?

The slides state that adoption or termination of parental rights ends the support obligation.

Does the paying parent's death automatically terminate child support?

No. Under the slide's summary of Indiana Code § 31-16-6-7, support does not automatically terminate; the amount may be modified or revoked as appropriate on petition by the parent's estate representative.