Noncustodial Parent Financial Inquiry

Summary

In Indiana, if a noncustodial parent claims financial hardship but makes significant purchases, you can question their financial situation. You may petition for income verification and child support modification, including updated financial information. Typically, personal expenses like a second residence or car insurance arent credited in child support calculations. Rental income and bonuses are considered in support calculations. You can request discovery and subpoenas for financial records. Filing for discovery and subpoenas can support your modification request. You can also petition to change venue if both parties have moved. Include 2024 child support calculations in your petition.

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Noncustodial parent recently acquired a 2nd residence, is planning on purchasing a car for out 16yr old son, pay for his car insurance and take them on two vacations. However, in * during child support hearing, he said he could not afford an increase. Would it be reasonable to assume he is not being truthful about his income?
It seems reasonable to question the noncustodial parent's claims about their financial situation given their recent and planned expenditures.
You may want to consider the following:
- Income Verification: Request updated financial information through the court.
- Modification Petition: File a petition for modification of child support based on the new evidence.
Would you like more information on how to proceed with these steps in Indiana?
According to updated * Indiana child support guidelines, I would already be granted an increase. Can I petition for income verification along with modification?
Yes, you can petition for income verification along with a modification of child support in Indiana. Here's what you can do:
- File a Petition: Submit a petition to the court for modification of child support and request updated financial information from the noncustodial parent.
Would you like more details on how to file this petition?
Can he claim his 2nd residence and car insurance as a credit for child support ?
In Indiana, the noncustodial parent cannot typically claim their second residence or car insurance as credits for child support. Child support is generally calculated based on income and necessary expenses related to the child's care.
Would you like more detailed information on Indiana's child support calculation guidelines?
Yes
Sure, here's some detailed information on Indiana's child support calculation guidelines:
- Income Calculation: Total income of both parents is considered.
- Necessary Expenses: Includes costs directly related to the child, such as healthcare, education, and childcare.
- Credits/Deviations: Generally, only child-related expenses are credited. Personal expenses like a second residence or car insurance aren't typically considered.
Would you like more details on the specific forms needed for petitioning or the process steps?
Even if car insurance is for covering the child?
Typically, even if the car insurance is for the child, Indiana courts are unlikely to consider it as a credit for child support. Child support calculations focus on direct child-related expenses like healthcare, education, and childcare.
Would you like more information on the specific forms needed for petitioning or the process steps?
What benefit does he have in doing this other than flaunting f his money?
It sounds like the noncustodial parent might be trying to directly support the child in ways that aren't officially recognized in the child support calculations, potentially to avoid higher child support payments. By providing these additional benefits directly, he might feel more in control of the money spent.
Would you like to know how to proceed with filing a petition based on this situation?
That’s my fear. IF I agree to him buying the car and insuring him, he will try to claim that he can’t afford more child support
Renée, it's understandable to be concerned about this. You can proceed by filing a petition for income verification and child support modification. The court will consider his overall financial situation, not just the car and insurance.
Would you like details on how to start the petitioning process in Indiana?
Is it better to file the petition before he buys a car
It's generally better to file the petition for income verification and child support modification before he buys the car. This way, the court can assess his financial situation based on his current expenses and income.
Would you like detailed steps on how to file the petition in Indiana?
Yes
Sure, Renée! Here are the steps to file a petition for income verification and child support modification in Indiana:
- Complete the Petition Forms: Obtain the necessary forms from your local court or online.
- Gather Evidence: Collect evidence of the noncustodial parent’s recent expenses (e.g., second residence, planned car purchase).
- File the Petition: Submit the completed forms and your evidence to the court.
- Attend the Hearing: Present your case during the scheduled court hearing.
Would you like more detailed information on any specific step?
He has also claimed mortgage exemption for the joint timeshare for the last 4yrs. According to an attorney I have spoken to, our divorce decree stays open until youngest child turns * and all petitions are not charged. Is this true
In Indiana, divorce decrees can include provisions that remain in effect until the youngest child turns *. Regarding petitions, while some may not incur charges, it depends on the specific circumstances and the court handling the case.
Would you like more information on how to address the mortgage exemption issue?
Neither one of us live in the county where original divorcee and custody order was issued. Can petition to change venue be included in this same petition.
Yes, you can typically petition to change the venue along with a modification petition.
- You need to file a motion to change venue, explaining why it is more convenient for both parties and the child.
- Include this motion in your modification petition.
Would you like more details on how to file a motion to change venue in Indiana?
Yes please
Sure, Renée! Here are the steps to file a motion to change venue in Indiana:
- Complete the Motion Forms: Obtain the necessary motion forms for changing venue from your local court or online.
- Provide Justification: Clearly explain why the change of venue is more convenient for both parties and the child.
- Include with Petition: Submit the motion along with your child support modification petition.
- Attend Hearing: Be prepared to present your case during the court hearing.
Would you like more detailed information on any specific step?
Should I include child support calculations from the * updates and then ask for additional based on income verification
Yes, including the * child support calculations as part of your petition for modification can strengthen your case. Here’s how you can proceed:
- Include Updated Calculations: Attach the * child support guideline calculations to your petition.
- Request Income Verification: Explicitly ask for updated financial information from the noncustodial parent.
Would you like more details on completing and submitting these forms?
Exactly what specific income details can I petition court to verify
Renée, you can petition the court to verify the following specific income details:
- Recent pay stubs
- Tax returns for the past *-3 years
- Bank statements
- Records of any additional income (e.g., bonuses, rental income)
- Documentation of significant assets (e.g., property deeds, investment accounts)
Would you like more information on how to gather and present this evidence?
If noncustodial parent receives rent compensation, can that be used to calculate support increase
Yes, rental income can be considered when calculating child support. Indiana courts will include all sources of income, including rent compensation, to determine the noncustodial parent's total income for child support purposes.
Do you need more information on how to present this rental income as evidence?
How about bonuses? How is that calculated into child support
Hi Renée, in Indiana, bonuses are considered part of the noncustodial parent's income when calculating child support. The court will look at the frequency and amount of the bonuses to determine an average income.
Would you like more details on how to include bonuses in your petition for child support modification?
Yes
Sure, Renée! Here are the steps to include bonuses in your child support modification petition:
- Document Bonuses: Gather evidence of the noncustodial parent's bonuses (e.g., pay stubs, employer statements).
- Calculate Average: Determine the average bonus amount over the past few years.
- Include in Petition: Attach this information to your petition, showing how it increases the noncustodial parent's total income.
Would you like more guidance on collecting evidence for these bonuses?
Can I directly call noncustodial’s employer and request information
In Indiana, you cannot directly call the noncustodial parent's employer to request income information due to privacy laws. Instead, you should request this information through the court.
Would you like more information on how to formally request income details through the court?
How would I know or provide proof that he received bonuses so I can petition if I don’t have access to his financial records
Renée, you can request the court to order the noncustodial parent to provide financial records, including proof of bonuses. Here are the steps:
- Subpoena: Ask the court to issue a subpoena for the noncustodial parent's financial records.
- Discovery Requests: Include requests for documents and financial statements in your petition.
Would you like more details on how to file these requests?
Is asking for discovery and a subpoena different than petitioning for income verification
Yes, asking for discovery and a subpoena is different from petitioning for income verification:
- Discovery: A pre-trial procedure where each party can obtain evidence from the other party.
- Subpoena: A legal document ordering someone to produce documents or testify.
- Income Verification: A specific request to update financial information for determining child support.
Would you like more details on how to initiate discovery or request a subpoena?
Is it necessary to petition for discovery AND subpoena ?
It's not always necessary to petition for both discovery and a subpoena, but doing so can strengthen your case. Discovery allows you to request various documents, while a subpoena legally compels the noncustodial parent or other parties to provide specific information or documents.
Would you like more detailed guidance on how to proceed with these steps?
Yes
Sure, Renée! Here's how to proceed:
- Initiate Discovery:
- File a Discovery Request: Include requests for financial documents like pay stubs, tax returns, and bank statements.
- Obtain Discovery Forms: Get these forms from your local court or online.
- Request a Subpoena:
- File a Subpoena Request: Petition the court to issue a subpoena for the noncustodial parent's employer to provide financial records, including bonuses.
- Gather Necessary Forms: Obtain the subpoena forms from your local court or online.
Would you like more information on how to fill out these forms or any other steps?
How does filing for discovery and subpoena fall in line with change of venue and modification
Filing for discovery, subpoena, change of venue, and modification can be interconnected. Here's how:
- Discovery and Subpoena: Gather evidence to support your modification request.
- Modification Petition: Use obtained evidence to petition for child support modification.
- Change of Venue: Include in the modification petition to transfer the case to a more convenient court.
Would you like a step-by-step guide on how to integrate these processes?
Yes
Case Rating: *
Sure, Renée! Here’s a step-by-step guide to integrate these processes:
*. Complete the Modification Petition:
- Include * child support calculations and request income verification.
- Attach evidence of noncustodial parent's expenses (e.g., second residence, planned car purchase).
*. File Motion to Change Venue:
- Justify why the new venue is more convenient for both parties and the child.
- Include this motion with your modification petition.
*. Initiate Discovery:
- File a discovery request for financial documents (e.g., pay stubs, tax returns, bank statements).
- Obtain and complete the necessary discovery forms from your local court or online.
*. Request a Subpoena:
- Petition the court to issue a subpoena to the noncustodial parent's employer for financial records, including bonuses.
- Obtain and complete the subpoena forms from your local court or online.
*. Submit Forms:
- File all completed forms and evidence with the court.
*. Attend Hearing:
- Present your case and evidence during the scheduled court hearing.
Would you like more detailed information on filling out any specific forms or stepsSure, Renée! Here’s a step-by-step guide to integrate these processes:
*. Complete the Modification Petition:
- Include * child support calculations and request income verification.
- Attach evidence of noncustodial parent's expenses (e.g., second residence, planned car purchase).
*. File Motion to Change Venue:
- Justify why the new venue is more convenient for both parties and the child.
- Include this motion with your modification petition.
*. Initiate Discovery:
- File a discovery request for financial documents (e.g., pay stubs, tax returns, bank statements).
- Obtain and complete the necessary discovery forms from your local court or online.
*. Request a Subpoena:
- Petition the court to issue a subpoena to the noncustodial parent's employer for financial records, including bonuses.
- Obtain and complete the subpoena forms from your local court or online.
*. Submit Forms:
- File all completed forms and evidence with the court.
*. Attend Hearing:
- Present your case and evidence during the scheduled court hearing.
Would you like more detailed information on filling out any specific forms or steps?