Guideline 3C. Computation of Weekly Adjusted Income (Line 1E of Worksheet).
Effective January 1, 2024
After Weekly Gross Income is determined, certain reductions are allowed in computing weekly adjusted income which is the amount on which child support is based. These reductions are specified below.
1. Adjustment for Subsequent-born or Legally Adopted Child(ren) (Line 1A of Worksheet).
There shall be an adjustment to Weekly Gross Income of parents who have a legal duty or court order to support children (1) born or legally adopted subsequent to the birthdate(s) of the child(ren) subject of the child support order and (2) that parent is actually meeting or paying that obligation.
2. Court Orders for Prior born Child(ren) (Line 1B of Worksheet).
The amount(s) of any court order(s) for child support for prior born children shall be deducted from Weekly Gross Income. This should include court ordered post-secondary education expenses calculated on an annual basis divided by 52 weeks. A credit shall not be given for any portion of the order addressing arrearages.
3. Legal Duty of Support for Prior born Child(ren) When No Court Order Exists (Line 1C of Worksheet).
Where a party has a legal duty to financially support children born prior to the child(ren) for whom support is being established, and no court order exists, an amount reasonably necessary for such support actually paid, or funds actually spent shall be deducted from weekly gross income to arrive at weekly adjusted income. This deduction is not allowed for step children.
4. Alimony or Maintenance (Line 1D of Worksheet).
The amount(s) of alimony ordered in decrees from foreign jurisdictions or maintenance should be deducted from Weekly Gross Income.
Commentary to Guideline 3C
Determining Weekly Adjusted Income.
After Weekly Gross Income is determined, the next step is to compute weekly adjusted income (Line 1E of the Worksheet). Certain deductions, discussed below, are allowed from Weekly Gross Income in arriving at weekly adjusted income.
1. Adjustment of Weekly Gross Income for Subsequent-born or Legally Adopted Child(ren).
The adjustment should be computed as follows:
STEP 1: Determine the number of children born or legally adopted by the parents subsequent to the birthdate(s) of the child(ren) subject of the child support order and for whom the parent has a legal duty or court order to support. The parent seeking the adjustment has the burden to prove the support is actually paid if the subsequent child does not live in the respective parent’s household.
STEP 2: Calculate the subsequent child credit by multiplying the parent’s Weekly Gross Income by the appropriate factor listed in the table below and enter the product on Line 1A on the Worksheet.
Appropriate factors are:
1 Subsequent child .065
2 Subsequent children .097
3 Subsequent children .122
4 Subsequent children .137
5 Subsequent children .146
6 Subsequent children .155
7 Subsequent children .164
8 Subsequent children .173
EXAMPLE: A noncustodial parent has a Weekly Gross Income, before adjustment, of $500.00. The custodial parent has a Weekly Gross Income, before adjustment, of $300.00. An adjustment shall be made to the parents’ respective Weekly Gross Incomes for the two (2) children born to the noncustodial parent after the birthdates(s) of the child(ren) subject of the child support order and the one (1) adopted child of the custodial parent, legally adopted after the birthdate(s) of the child(ren) subject of the child support order. The respective subsequent child adjustment to be entered on Line 1A of the Worksheet would be as follows:
Noncustodial………….$500.00 x .097 = $48.50 adjustment
Custodial……………...$300.00 x .065 = $19.50 adjustment
2. Court Orders for Prior born Child(ren).
The party seeking the adjustment for the court ordered child support obligation bears the burden of establishing the actual existence of the order and the amount of the order.
3. Legal Duty to Support for Prior-born Child(ren) When No Court Order Exists.
A. Prior Born Child(ren) Not in the Home.
A deduction is allowed for reasonably necessary support actually paid, or funds actually spent, for the child(ren) born prior to the child(ren) for whom support is being established. This is true even though that obligation has not been reduced to a court order. The party seeking the deduction bears the burden of proving the obligation and satisfaction of the obligation.
The court may consider evidence of those funds paid or routinely spent on behalf of the prior born child(ren).
For example, paternity of the prior born child was established by execution of a paternity affidavit and the parents lived together for the first two years of the child’s life. The parties then separated and negotiated an agreement for the ongoing financial support of the child, without seeking a court order. Father has routinely paid $50 per week to the mother of his prior born child and has evidence to support those payments.
B. Prior Born Child(ren) In the Home.
A parent should be permitted to deduct his or her portion of the support obligation for prior born children living in his or her home. It is recommended that these guidelines be used to compute a deduction from weekly gross income.
i. Incomes of Both Parents Known: If the actual incomes of both parents of the prior born child(ren) are known, then the actual incomes should be utilized in calculating the basic child support obligation for the prior born child(ren). In order to determine the adjustment to be applied, use the Indiana Child Support Guideline Schedules for Weekly Support Payments. The percentage share of the basic child support obligation attributable to the parent seeking the adjustment should be considered the legal duty of support for the prior born child(ren) and the amount placed in Line 1.C., Child Support Obligation Worksheet.
ii. Income of a Parent Unknown: If actual income information for a parent of the prior-born child(ren) is unknown, the court should utilize the known income of the parent seeking the adjustment for the legal duty to support the prior born child(ren) and attribute zero ($0.00) income to the other parent. In order to determine the adjustment to be applied, use the Indiana Child Support Guideline Schedules for Weekly Support Payments as the amount placed in Line 1.C., Child Support Obligation Worksheet.
If the parent seeking the adjustment has prior born children with different non-custodial parents whose incomes are unknown, the basic child support obligation shall be calculated as if the prior born children have the same noncustodial parent and the adjustment for those prior born children shall be attributed as a single legal duty, rather than the total of two or more separate and distinct legal duties.
a. For example, the gross weekly income of the parent seeking the adjustment is $400.00 and there is one prior born child in the home. The gross weekly income for the other parent of the prior born child is unknown. The other parent’s gross weekly income would be set at $0.00 to determine the legal duty to support that prior born child. The legal duty to support that prior born child for the parent seeking the adjustment would be $68.00 from the Guideline Schedules for Weekly Support Payments.
b. For example, the gross weekly income of the parent seeking the adjustment is $400.00 and there are two prior born children in the home with different parents. The gross weekly incomes for those other parents of the prior born children are unknown. Those other parents’ gross weekly incomes would be set at $0.00 to determine the legal duty to support those prior born children. The legal duty to support those two prior born children for the parent seeking the adjustment would be $88.00 from the Guideline Schedules for Weekly Support Payments.
4. Alimony or Maintenance.
The final allowable deduction from Weekly Gross Income in arriving at weekly adjusted income is for alimony ordered in decrees from foreign jurisdictions or spousal maintenance. These amounts are allowable only if they arise as the result of a court order. This deduction is intended only for spousal maintenance, not for periodic payments from a property settlement although the court may consider periodic payments when determining whether or not to deviate from the guideline amount when ordering support. Refer to the discussion of temporary maintenance earlier in this commentary. (Line 1D of Worksheet).
Version History
| Effective | Obsolete | Amended |
|---|---|---|
| current | - | - |
| 01-01-2020 | 01-01-2024 | 10-17-2023 |
The version history for the Indiana Child Support Rules & Guidelines goes back only to January 1, 2020. For earlier versions, please see one of the many publishers of Indiana Rules of Court.