50% Child Support Abatement

[mom428]

What is the name of your state? Indiana

50% Child Support Abatement

Indiana changed their support rules for visitation credit in Jan 2004, and now I’m confused on how to handle an issue regarding visitation credit/abatement. Here’s the verbiage from the Indiana Child Support guideline I’m referring to:

The Guideline support schedules do not reflect the fact, however, when both parents exercise parenting time, out-of-pocket expenses will be incurred for the child(ren)’s care. These expenses were recognized previously by the application of a 10% visitation credit and a 50% abatement of child support during periods of extended visitation. The visitation credit was based on the regular exercise of alternate weekend visitation which is equivalent to approximately 14% of the annual overnights. With the adoption of the Indiana Parenting Time Guidelines, the noncustodial parent’s share of parenting time, if exercised, is equivalent to approximately 27% of the annual overnights. As a result, these revisions provide a parenting credit based upon the number of overnights with the noncustodial parent ranging from 52 overnights annually to equal parenting time. As parenting time increases, a proportionally larger increase in the credit will occur.

Here’s where my confusion comes in.

My divorce was final in 2003. In the divorce decree, the section labeled “support” states that my EX is to pay $150 a week support. During any visitation periods for which he has the children for more than 7 consecutive days, Dad (ex) is entitled to a 50% abatement on his support. Then is states. “Mom”(me) is to reimburse “Dad” $75 for those visitation periods for which he qualifies. The child support worksheet reflects a 10% visitation credit.

In March 2006, we agreed and filed an agreed modification of child support on our own. The new order was simple and was the Indiana State form that we downloaded. It’s titled “Modification of Child support”, and it states that now “Dad” pays a weekly child support amount of $190. This was filed AFTER the new visitation credit of 27% went into effect and the worksheet reflects a 27% visitation credit for Dad.

So here are my questions…

Does the second order completely replace the first negating the abatement? Or does in just change the weekly amount since that is all we addressed.

Do I need to “clean” this up and file an amendment so the 50% abatement goes away since he is benefiting from the increased visitation credit?

Thanks.

 

[Whyte Noise]

"Does the second order completely replace the first negating the abatement? Or does in just change the weekly amount since that is all we addressed."

Generally, No. Only the weekly amount was modified according to your post, so the rest of the previous order could stand, including the 50% abatement. Of course, it all depends on the wording of the final order and if that order completely terminated the previous child support obligation and credits and applied the new guidelines to all aspects of your child support order.

"Do I need to “clean” this up and file an amendment so the 50% abatement goes away since he is benefiting from the increased visitation credit?"

See above.

 

[mom428]

The "new" order

Here's the wording of the newer order.

Comes now,"Mom", pro se, having filed a Verified Petition for Modification of Child Support. The Court, having read said pleading and held a hearing on the matter, finds that there has been a change in circumstances so substantial and continuing as to make the terms of the current child support order unreasonable, and that the child support order should be modified to reflect the substantial change in circumstances.
IT IS THEREFORE ORDERED that "dad" is to pay child support to the Clerk of the Court in the amount of $190.00 per week effective on _____________"

It was filed with a new support worksheet, with the higher credits 27% given to Dad.

So, I'm should I need to file a modification to get the "abatement" removed, since it was left out in the wording?

 

[Whyte Noise]

Nope.

The wording is "as to make the terms of the current child support order unreasonable, and that the child support order should be modified to reflect the substantial change in circumstances."

The "as to make the terms of the current child support order unreasonable" encompasses that 50% abatement as well since that was a part of the child support order.

The wording of your new order terminates the prior order giving the 50% abatement.

Check with an attorney in your state to make absolutely sure though.

 

[mom428]

Thank You

Thank you whyte noise for the interpretation. Very much appreciated.

 

[LdiJ]

Thank you whyte noise for the interpretation. Very much appreciated.

Whyte Noise got it right....but for slightly different reasons.

Indiana is really specific on this issue....If the order was calculated under the old guidelines, the abatement applies. If the order was calculated under the new guidelines, the abatement does not apply. PERIOD.