Determining Child Support for Self-Employed or Commission-Only Jobs | Indiana Family Law

How are Child Support Payments Determined in Indiana?

In Indiana both parents are responsible for child support, however it is the parent who spends less than 50% of the time with the child that will actually pay child support payments. This is because the law assumes the parent who is spending the most time with the child is spending moneys directly on the child’s daily expenses. Generally the parent who earns more money will take a larger monetary support role. The laws take into consideration the child’s physical, emotional and financial needs, while reviewing the parents’ financial obligations and abilities.

Calculating Child Support for Self-Employed and Commission-Only Jobs

Sometimes trying to calculate income can be difficult if you are self-employed or work a commission-only type job. Not having a set income monthly can create confusion when trying to determine the amount of child support required. If you are self-employed, typically the court will take your gross monthly income and deduct your regular expenses to determine an income. If you are a commission only employee, the court may opt to take an average over the last 12 months to calculate a monthly income.

Exceptions to the Calculated Amount

Before a child support order is in place, you do have the right to contest the amount with the court. If you can produce evidence that the amount is unjust, you can petition the court to adjust the amount. Some examples of this would include:

  • If you support an elderly parent
  • You purchase school clothes not calculated in the financial obligations
  • You have medical expenses unknown to the courts
  • You have significant travel time to visit your children, or to get to work
  • You are military
  • You pay child support to other children

Stanley E. Robison, Jr. | Indiana Fathers’ Rights Attorney

It’s important if you are in the middle of a child support case to get the help from an experienced fathers’ rights attorney. Indiana fathers’ rights lawyer Stanley E. Robison, Jr. understands the fear and helplessness you may experience when being faced with custody or child support cases. Please contact us online or call us today (812) 945-3055 and let us review your case. Our lawyers will fight for your rights as a father.

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