VERIFIED PETITION TO MODIFY CHILD SUPPORT

[// GUIDANCE: Drafted for use in Indiana state family courts. Adapt caption and formatting to the local court’s preferences.]

CAPTION

IN THE [____] CIRCUIT/SUPERIOR COURT
[____] COUNTY, STATE OF INDIANA

Cause No.: [ ]

In re the [Marriage/Paternity] of
[FULL NAME(S) OF MINOR CHILD(REN)]

TABLE OF CONTENTS

1. Parties and Representation
2. Jurisdiction and Venue
3. Prior Support Order
4. Grounds for Modification
5. Guideline Recalculation
6. Health Insurance & Extraordinary Expenses
7. Income Withholding (Wage-Garnishment)
8. Attorneys’ Fees & Costs
9. Prayer for Relief
10. Verification
11. Certificate of Service

VERIFIED PETITION TO MODIFY CHILD SUPPORT

Comes now Petitioner, by counsel/​pro se, pursuant to Indiana Code Title 31 and the Indiana Child Support Guidelines, and respectfully petitions this Court to modify the existing child-support order. In support thereof, Petitioner states as follows:

1. Parties and Representation

1.1 Petitioner: [Petitioner Full Legal Name], [custodial/non-custodial] parent of the minor child(ren).
1.2 Respondent: [Respondent Full Legal Name], [custodial/non-custodial] parent of the minor child(ren).
1.3 Counsel: [Insert “appearing pro se” or counsel information per Ind. Trial Rule 3.1(B)].

2. Jurisdiction and Venue

2.1 This Court issued the current child-support order on [mm/dd/yyyy] under Cause No. [__] and therefore retains continuing, exclusive jurisdiction pursuant to Indiana’s Uniform Interstate Family Support Act (UIFSA) and applicable Indiana Code provisions.
2.2 Both parties and the minor child(ren) have resided in [County] County, Indiana for at least six (6) months immediately preceding the filing of this Petition; venue is proper under Ind. Trial Rule 75(A)(6).

3. Prior Support Order

3.1 The operative child-support order (“Existing Support Order”) requires [payor] to pay $[___] per week, plus $[___] toward arrearage, via income withholding.
3.2 The Existing Support Order is attached hereto as Exhibit A.

4. Grounds for Modification

4.1 Since entry of the Existing Support Order, a substantial and continuing change in circumstances has occurred, specifically:
 (a) Change in payor’s gross weekly income from $[____] to $[____];
 (b) Change in recipient’s gross weekly income from $[____] to $[____];
 (c) Change in the child(ren)’s parenting-time overnights from [____] to [____] per year;
 (d) Commencement/termination of employer-provided health insurance premiums in the amount of $[____] per week;
 (e) Other: [detail any disability, emancipation, daycare costs, new dependents, etc.].
4.2 Alternatively, more than twelve (12) months have passed since the Existing Support Order and application of the Indiana Child Support Guidelines to the parties’ current incomes and circumstances results in a support amount that differs by more than twenty percent (20 %), thereby satisfying the modification standard.

5. Guideline Recalculation

5.1 Petitioner has completed a Child Support Obligation Worksheet (“CSOW”) in compliance with Indiana Child Support Guideline 3. The CSOW is attached hereto as Exhibit B.
5.2 Based on the CSOW, the presumptive weekly child-support obligation (“Presumptive Support”) is $[____] payable by [payor].
[// GUIDANCE: Attach the most recent Financial Declaration Forms and pay stubs as exhibits to substantiate income figures.]

6. Health Insurance & Extraordinary Expenses

6.1 [Payor/Recipient] currently provides health insurance for the child(ren) at a weekly cost of $[____] which has been included in the CSOW.
6.2 Uninsured medical, dental, optical, orthodontic, psychological, and other extraordinary expenses shall be allocated [per Guidelines percentage / equally].
6.3 Daycare/education costs of $[____] per week have been credited pursuant to Guideline Commentary ¶6.

7. Income Withholding (Wage-Garnishment)

7.1 Pursuant to Indiana Code Chapters 31-16-15 and -16, Petitioner requests that any modified support be enforced through an updated Income Withholding Order directed to [Payor’s Employer Name & Address].
[// GUIDANCE: Submit the State-approved “Indiana Income Withholding Order (IWO)” form concurrently or immediately upon entry of the modified order.]

8. Attorneys’ Fees & Costs

8.1 In the interest of equity and the financial disparity between the parties, Petitioner requests an award of reasonable attorneys’ fees and costs incurred herein, subject to the Court’s discretion under Indiana Code Title 31.
8.2 Alternatively, each party shall bear his/her own fees.

9. Prayer for Relief

WHEREFORE, Petitioner respectfully prays that the Court:
A. Find that a substantial and continuing change in circumstances exists, or that the presumptive support differs by more than twenty percent (20 %);
B. Vacate the Existing Support Order and enter a Modified Child-Support Order requiring [payor] to pay $[____] per week effective [mm/dd/yyyy];
C. Order an updated Income Withholding Order consistent with the Modified Child-Support Order;
D. Allocate uninsured medical and extraordinary expenses as set forth above;
E. Award Petitioner attorneys’ fees and costs, or such other relief as just and proper; and
F. Order all other necessary relief to enforce and effectuate the Court’s judgment.

10. Verification

I, [Petitioner Full Legal Name], affirm under the penalties for perjury that the foregoing representations and all facts contained in this Petition are true and correct to the best of my knowledge and belief.

Date: [mm/dd/yyyy]

[PETITIONER SIGNATURE]

Printed: _____

State of Indiana )
County of [____] ) SS:

Subscribed and sworn before me, a Notary Public, this ___ day of ____, 20__.

Notary Public
Commission Expires: __
County of Residence: __

11. Certificate of Service

I certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Verified Petition to Modify Child Support was served upon:

☐ Respondent (by U.S. Mail) at [address]
☐ Respondent’s counsel, [Name], via [e-service/EFS/hand-delivery] in accordance with Ind. Trial Rule 5.

[PETITIONER / COUNSEL SIGNATURE]

[// GUIDANCE:
1. File the Petition with the Clerk and pay any required filing fee.
2. Serve Respondent per Ind. Trial Rule 4-4.
3. Provide the proposed Order Modifying Child Support and updated IWO for the Court’s review.
4. Set a hearing if required by local rule; some Indiana counties permit modification by stipulation without appearance.
5. After entry, ensure the employer receives the new IWO and that the Indiana State Central Collection Unit (INSCCU) updates its records.
// END GUIDANCE]