Support in Indiana

How Indiana Calculates Child Support

Indiana uses an income shares model governed by the Indiana Child Support Rules and Guidelines, commonly known as Rule 31. The model is based on the economic principle that children should receive the same proportion of parental income they would have received in an intact household.

The calculation centers on each parent’s weekly gross income from all sources, including wages, salaries, bonuses, commissions, overtime, self-employment income, pensions, Social Security benefits, workers’ compensation, unemployment benefits, rental income, and investment income. Courts may impute income to a parent who is voluntarily unemployed or underemployed without just cause.

Each parent’s weekly gross income is determined, and certain deductions are applied — including the cost of health insurance for the child, work-related child care costs, and support obligations for prior-born children. The parents’ adjusted weekly incomes are then combined and applied to the child support schedule in Rule 31, which identifies a basic weekly obligation based on the combined income and the number of children. Each parent’s share is proportional to their percentage of the combined income.

For a broader overview of income shares models, see our guide on how child support is calculated. You can also run preliminary numbers with our child support calculator.

Parenting Time Credits

Indiana’s guidelines include a parenting time credit designed to reduce the non-custodial parent’s support obligation when they exercise significant parenting time. The credit applies when the non-custodial parent has overnight parenting time for 52 or more overnights per year (approximately one night per week).

The credit is calculated using a formula in the Rule 31 guidelines that accounts for the additional costs the non-custodial parent bears during overnight parenting time and the reduced costs to the custodial parent. Higher overnights produce a larger credit, though the custodial parent retains certain fixed costs regardless of the time-sharing arrangement.

For equal parenting time (approximately 182 overnights each), the guidelines produce a reduced obligation from the higher-income parent to the lower-income parent.

Modifying or Terminating Child Support

Either parent may petition for modification by showing a substantial and continuing change of circumstances that makes the existing order unreasonable. Indiana also permits modification when the current order differs from the guidelines amount by 20% or more.

Child support in Indiana generally continues until the child turns 19. This is notably older than many other states, which set the age at 18. Support may also terminate upon the child’s emancipation, marriage, or entry into active military service. Indiana courts may also order support for educational expenses beyond age 19 in certain circumstances.

Enforcement of Child Support Orders

Indiana’s Title IV-D Child Support Bureau and county prosecutors’ offices enforce child support orders through several mechanisms:

• Income withholding orders
• Interception of state and federal tax refunds
• Suspension of driver’s licenses and professional licenses
• Liens on real and personal property
• Reporting arrearages to credit agencies
• Contempt of court proceedings, which can result in jail time

Arrearages accrue interest and cannot be retroactively forgiven. Any modification takes effect only from the date the petition is filed.

Spousal Maintenance in Indiana

Indiana is one of the most restrictive states in the country when it comes to spousal support. Indiana uses the term “spousal maintenance” and strictly limits the circumstances under which it may be awarded. Under I.C. Section 31-15-7-2, a court may order maintenance only in three specific situations:

• Incapacitated spouse. The court may order maintenance to a spouse who is physically or mentally incapacitated to the extent that the incapacity materially affects their ability to support themselves. This type of maintenance continues only during the period of incapacity.
• Caregiver spouse. The court may order maintenance to a custodial parent who must forgo employment to care for a child who is incapacitated or otherwise requires special care that makes outside employment inappropriate. This maintenance lasts only while the caregiving need exists.
• Rehabilitative maintenance. The court may award maintenance for a maximum of three years to a spouse who needs time to acquire education or training to become self-supporting. This is the most commonly awarded type, and it is designed to bridge the gap between divorce and self-sufficiency.

This narrow framework means that Indiana does not recognize long-term or “permanent” maintenance. A spouse who does not fall into one of the three categories above generally cannot receive maintenance regardless of the length of the marriage, the standard of living during the marriage, or the disparity in the parties’ incomes.

Factors in Rehabilitative Maintenance

When considering rehabilitative maintenance, the court examines:

• The educational level of each spouse at the time of the marriage and at the time of filing
• Whether an interruption in the requesting spouse’s education, training, or employment occurred during the marriage due to homemaking or child-rearing responsibilities
• The earning capacity of each spouse
• The time and expense necessary for the requesting spouse to acquire sufficient education or training

The three-year cap on rehabilitative maintenance is a hard ceiling. Courts cannot extend rehabilitative maintenance beyond 36 months.

Property Division as an Alternative

Because Indiana severely limits maintenance, the court’s equitable division of marital property under I.C. Section 31-15-7-5 takes on greater importance. Indiana starts with a presumption of an equal division of marital property, but the court may deviate based on factors including:

• The contribution of each spouse to the acquisition of property
• The economic circumstances of each spouse at the time of disposition
• The conduct of the parties during the marriage as related to the disposition of property
• The earnings or earning ability of the parties

In practice, a spouse who would receive ongoing maintenance in other states may instead receive a larger share of the marital estate in Indiana.

When to Seek Legal Guidance

Indiana’s restrictive approach to spousal maintenance makes it essential to understand your options early in the divorce process. If you are evaluating child support under Rule 31 or considering whether maintenance applies in your case, consider scheduling a free consultation with an experienced Indiana family law attorney.

Statutes referenced: Indiana Child Support Rules and Guidelines (Rule 31), I.C. Section 31-15-7-2 (spousal maintenance), I.C. Section 31-15-7-5 (property division).