VERIFIED PETITION TO MODIFY CHILD SUPPORT

State of Indiana

IMPORTANT NOTICE: This petition template is designed for use in Indiana courts under IC 31-16-8-1. Indiana law permits modification of child support when there has been a substantial and continuing change in circumstances, or when the current support amount deviates by twenty percent (20%) or more from the amount that would result from application of the Indiana Child Support Guidelines. This template must be reviewed and customized by a qualified Indiana-licensed attorney before filing.

COURT CAPTION

IN THE [________________________________] COURT

[________________________________] COUNTY, STATE OF INDIANA

Cause No.: [________________________________]

In re the ☐ Marriage / ☐ Paternity of:

[________________________________] (Minor Child(ren))

TABLE OF CONTENTS

1. Parties and Representation
2. Jurisdiction and Venue
3. Prior Support Order
4. Grounds for Modification
5. Changed Circumstances
6. Guideline Recalculation
7. Health Insurance and Extraordinary Expenses
8. Childcare and Education Costs
9. Parenting Time Credit
10. Income Withholding
11. Retroactive Modification
12. Attorneys' Fees and Costs
13. Prayer for Relief
14. Verification
15. Certificate of Service
16. Exhibit List

VERIFIED PETITION TO MODIFY CHILD SUPPORT

COMES NOW Petitioner, [________________________________] ("Petitioner"), by counsel / pro se, and pursuant to Indiana Code Title 31, Article 16, Chapter 8, and the Indiana Child Support Rules and Guidelines, 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: [________________________________], the ☐ custodial / ☐ non-custodial parent of the minor child(ren) named herein, currently residing at [________________________________], [________________________________] County, Indiana [____].

1.2. Respondent: [________________________________], the ☐ custodial / ☐ non-custodial parent of the minor child(ren) named herein, currently residing at [________________________________], [________________________________] County, Indiana [____].

1.3. Minor Child(ren):

1.4. Counsel/Pro Se Status: Petitioner ☐ is represented by [________________________________], Attorney No. [____], [________________________________] (address) / ☐ appears pro se pursuant to Ind. Trial Rule 3.1(B).

2. JURISDICTION AND VENUE

2.1. This Court issued the current child support order on [__/__/____] under the above-referenced Cause Number and therefore retains continuing, exclusive jurisdiction to modify the order pursuant to IC 31-16-8-1 and Indiana's enactment of the Uniform Interstate Family Support Act ("UIFSA"), IC 31-18-2-1 et seq.

2.2. Both parties and the minor child(ren) have resided in [________________________________] County, Indiana, for at least six (6) months immediately preceding the filing of this Petition. Venue is proper pursuant to Ind. Trial Rule 75(A)(6).

2.3. ☐ Alternatively, this Court has jurisdiction because (check if applicable):
- ☐ The prior order was entered by this Court and neither party has sought to register the order in another state
- ☐ Both parties consent to jurisdiction in this Court
- ☐ The child(ren) reside(s) in this state and all parties have been served with process

3. PRIOR SUPPORT ORDER

3.1. The operative child support order ("Existing Order") was entered on [__/__/____] and requires [________________________________] ("Obligor") to pay the following:

3.2. The Existing Order was entered based upon the following weekly income figures:
- Obligor's gross weekly income at time of order: $[________________________________]
- Obligee's gross weekly income at time of order: $[________________________________]

3.3. The Existing Order ☐ was / ☐ was not the result of a stipulation between the parties.

3.4. A true and correct copy of the Existing Order is attached hereto as Exhibit A.

3.5. The most recent Child Support Obligation Worksheet ("CSOW") on file with the Court is dated [__/__/____] and is attached hereto as Exhibit B.

4. GROUNDS FOR MODIFICATION

4.1. Pursuant to IC 31-16-8-1, Petitioner requests modification of the Existing Order on the following grounds (check all that apply):

☐ Substantial and Continuing Change in Circumstances. Since entry of the Existing Order, a substantial and continuing change in circumstances has occurred that renders the current support amount unreasonable, as detailed in Section 5 below.

☐ Twenty Percent (20%) Deviation. More than twelve (12) months have elapsed since entry of the Existing Order, and application of the current Indiana Child Support Guidelines to the parties' present incomes and circumstances produces a support amount that differs by at least twenty percent (20%) from the current obligation, thereby creating a rebuttable presumption that the existing order is unreasonable. See IC 31-16-8-1(b).

☐ Emancipation of Child. One or more of the children subject to the Existing Order has been emancipated pursuant to IC 31-16-6-6(a)(3) or IC 31-16-8-2 by reason of:
- ☐ Reaching age nineteen (19)
- ☐ Reaching age twenty-one (21) if the child is incapacitated
- ☐ Marriage of the child
- ☐ Active military service
- ☐ Court-ordered emancipation
- ☐ Other: [________________________________]

☐ Change in Parenting Time. The parenting time arrangement has changed substantially since entry of the Existing Order, affecting the overnight credit calculation under Indiana Child Support Guideline 6.

☐ Change in Health Insurance or Extraordinary Medical Expenses. The cost or availability of health insurance for the child(ren) has materially changed.

☐ Other Statutory Basis: [________________________________]

5. CHANGED CIRCUMSTANCES

5.1. Income Changes. Since entry of the Existing Order, the following income changes have occurred:

5.2. Parenting Time Changes:
- Obligor's annual overnights at time of Existing Order: [____]
- Obligor's current annual overnights: [____]
- The parenting time arrangement was modified by ☐ court order dated [__/__/____] / ☐ agreement of the parties / ☐ de facto change in practice

5.3. Health Insurance Changes:
- Weekly cost of health insurance for the child(ren) at time of Existing Order: $[________________________________]
- Current weekly cost: $[________________________________]
- Insurance is currently provided by: ☐ Obligor / ☐ Obligee / ☐ Neither party (child(ren) uninsured)

5.4. Additional Changed Circumstances (describe with specificity):

☐ Change in number of dependents: [________________________________]

☐ Disability or serious medical condition: [________________________________]

☐ Incarceration: [________________________________]

☐ Change in childcare costs: [________________________________]

☐ Educational expenses: [________________________________]

☐ Other: [________________________________]

6. GUIDELINE RECALCULATION

6.1. Petitioner has prepared a current Child Support Obligation Worksheet ("Current CSOW") in compliance with Indiana Child Support Guideline 3 and the Indiana Child Support Rules and Guidelines, which is attached hereto as Exhibit C.

6.2. Based on the Current CSOW, the presumptive weekly child support obligation is $[________________________________], payable by [________________________________].

6.3. The difference between the Existing Order amount and the Current CSOW amount is:
- Existing Order weekly amount: $[________________________________]
- Current CSOW weekly amount: $[________________________________]
- Difference: $[________________________________] (representing a [____]% deviation)

6.4. ☐ Petitioner requests that the Court apply the presumptive guideline amount.

☐ Petitioner requests a deviation from the presumptive guideline amount for the following reasons permitted under Indiana Child Support Guideline 3(A)(2): [________________________________]

6.5. Petitioner's Financial Declaration Form is attached hereto as Exhibit D. Supporting income documentation (pay stubs, tax returns, profit-and-loss statements) is attached as Exhibit E.

7. HEALTH INSURANCE AND EXTRAORDINARY EXPENSES

7.1. Pursuant to Indiana Child Support Guideline 7, health insurance for the minor child(ren) ☐ is / ☐ should be provided by [________________________________] at a weekly cost of $[________________________________].

7.2. The child(ren) ☐ have / ☐ have not incurred uninsured medical, dental, optical, orthodontic, psychological, or other extraordinary health expenses since entry of the Existing Order.

7.3. Uninsured medical expenses shall be allocated:
☐ Pursuant to the Guidelines percentage (proportional to income)
☐ Equally between the parties
☐ Other arrangement: [________________________________]

7.4. The following extraordinary uninsured expenses have been incurred and are outstanding:

8. CHILDCARE AND EDUCATION COSTS

8.1. Work-related childcare costs are currently:
- Weekly childcare cost: $[________________________________]
- Paid by: [________________________________]
- Childcare provider: [________________________________]

8.2. These costs ☐ have changed / ☐ have not changed since the Existing Order. The change is due to: [________________________________]

8.3. Pursuant to Indiana Child Support Guideline 6, Commentary ¶6, childcare costs of $[________________________________] per week have been credited in the Current CSOW.

8.4. Educational expenses (if applicable): $[________________________________] per [________________________________], payable by [________________________________].

9. PARENTING TIME CREDIT

9.1. Pursuant to the Indiana Parenting Time Guidelines and Indiana Child Support Guideline 6, the parenting time credit applicable to the Obligor is based on [____] overnights per year.

9.2. ☐ The Obligor exercises the Indiana Parenting Time Guidelines minimum of approximately 93 overnights per year, and the standard Guideline 6 credit applies.

☐ The Obligor exercises substantially more than the minimum parenting time, specifically [____] overnights per year, and an adjusted parenting time credit should apply per Guideline 6, Section (d).

☐ The Obligor exercises substantially less than the standard parenting time, and a reduced or no credit should apply.

10. INCOME WITHHOLDING

10.1. Pursuant to IC 31-16-15-1 through IC 31-16-15-19, Petitioner requests that any modified support order be enforced through an updated Income Withholding Order ("IWO") directed to:

Obligor's Current Employer:
- Employer Name: [________________________________]
- Employer Address: [________________________________]
- Employer Phone: [________________________________]
- Employer FEIN: [________________________________]

10.2. The IWO should direct payment to the Indiana State Central Collection Unit ("INSCCU") for distribution to the Obligee.

10.3. The IWO shall comply with the federal Consumer Credit Protection Act, 15 U.S.C. § 1673(b), limiting withholding to the applicable percentage of disposable earnings.

11. RETROACTIVE MODIFICATION

11.1. ☐ Petitioner requests that the modified support amount be applied retroactively to [__/__/____], the date of filing of this Petition, pursuant to IC 31-16-8-1(c).

☐ Petitioner requests retroactive application to an earlier date of [__/__/____] because: [________________________________]

☐ Petitioner does not seek retroactive modification.

11.2. If retroactive modification is granted, the arrearage or credit resulting from the difference between the Existing Order amount and the modified amount for the retroactive period is estimated at $[________________________________].

12. ATTORNEYS' FEES AND COSTS

12.1. Petitioner requests an award of reasonable attorneys' fees and litigation costs incurred in connection with this Petition. The Court has discretion to award fees under IC 31-16-11-1, considering:
- The financial resources of each party
- The relative earning abilities of the parties
- Whether either party's conduct necessitated this modification proceeding
- Any other relevant factors

12.2. ☐ Alternatively, each party shall bear his or her own fees and costs.

13. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

A. Find that a substantial and continuing change in circumstances exists, or that the presumptive guideline amount differs by twenty percent (20%) or more from the Existing Order amount;

B. Modify the Existing Order and enter a new Child Support Order requiring [________________________________] to pay child support of $[________________________________] per week, effective [__/__/____];

C. Enter an updated Income Withholding Order consistent with the modified support obligation and direct payment through INSCCU;

D. Allocate health insurance costs and uninsured medical expenses as set forth above;

E. Allocate work-related childcare and education costs as set forth above;

F. Award Petitioner reasonable attorneys' fees and costs;

G. Calculate and order payment of any arrearage or credit resulting from retroactive modification;

H. Grant all other relief that is just, proper, and equitable under the circumstances.

14. VERIFICATION

I, [________________________________], being duly sworn upon oath, affirm under the penalties for perjury as set forth in IC 35-44.1-2-1 that the foregoing representations and all facts contained in this Verified Petition to Modify Child Support are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature:

_____________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT (if required by local rule)

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

Subscribed and sworn to before me, a Notary Public in and for said County and State, this [____] day of [________________________________], 20[____].

_____________________________________________
Notary Public

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

County of Residence: [________________________________]

15. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Verified Petition to Modify Child Support, together with all exhibits, was served upon:

☐ Respondent, [________________________________], by U.S. First Class Mail, postage prepaid, at:
[________________________________]
[________________________________]

☐ Respondent's counsel, [________________________________], via:
☐ Indiana E-Filing System (IEFS)
☐ Hand delivery
☐ U.S. First Class Mail at: [________________________________]
☐ Email at: [________________________________]

in accordance with Indiana Trial Rule 5.

_____________________________________________
Petitioner / Counsel for Petitioner

16. EXHIBIT LIST

PRACTICE NOTES FOR INDIANA PRACTITIONERS

Modification Standard

Under IC 31-16-8-1, the petitioner must demonstrate either:
1. A substantial and continuing change in circumstances since the last order, OR
2. A 20% or greater deviation between the existing order and the amount that would result from current application of the Guidelines (if 12+ months have passed)

Key Procedural Requirements

• File the petition in the court that issued the original order (continuing jurisdiction)
• Include a current CSOW with every modification petition (Guideline 3)
• Serve Respondent per Indiana Trial Rule 4 (if initial service) or Trial Rule 5 (if appearance on file)
• Submit a proposed order for the Court's consideration
• File the updated IWO simultaneously with or immediately upon entry of the modified order
• Notify INSCCU of any changes to the withholding amount

Income Calculation Notes

• "Weekly gross income" includes all sources per Indiana Child Support Guideline 3(A)
• Imputed income may apply if a party is voluntarily underemployed (Guideline 3(A)(3))
• Self-employment income requires analysis of business expenses per Guideline 3(A)(4)
• Overtime, bonuses, and irregular income are addressed in Guideline 3(A)(1)

Parenting Time Credit

• Standard credit assumes approximately 93 overnights per year
• Adjusted credit applies for substantially greater or lesser parenting time
• Equal parenting time (approximately 182.5 overnights) requires special calculation per Guideline 6

SOURCES AND REFERENCES

1. IC 31-16-8-1 - Modification of child support orders (substantial change standard)
2. IC 31-16-6-1 et seq. - Indiana Child Support Guidelines (statutory authority)
3. IC 31-16-8-2 - Emancipation events triggering modification
4. IC 31-16-15-1 through 31-16-15-19 - Income withholding for child support
5. IC 31-16-6-6 - Child Support Obligation Worksheet requirements
6. IC 31-16-11-1 - Award of attorneys' fees in child support proceedings
7. IC 31-18-2-1 et seq. - Uniform Interstate Family Support Act (UIFSA)
8. IC 35-44.1-2-1 - Penalties for perjury
9. Indiana Child Support Rules and Guidelines - Published by the Indiana Judicial Conference
10. Indiana Trial Rule 75(A) - Venue provisions
11. Indiana Trial Rule 5 - Service of pleadings
12. 15 U.S.C. § 1673(b) - Consumer Credit Protection Act (wage garnishment limits)
13. Indiana State Central Collection Unit (INSCCU) - https://www.in.gov/dcs/child-support/
14. Bogner v. Bogner, 29 N.E.3d 733 (Ind. 2015) - Modification standard for child support
15. Saalfrank v. Saalfrank, 899 N.E.2d 671 (Ind. Ct. App. 2009) - Substantial change analysis

This template is provided for informational and educational purposes only. It does not constitute legal advice. Indiana child support law and the Indiana Child Support Guidelines are subject to periodic revision. Always verify current statutory text, guideline provisions, and local court rules before filing. Use of this template does not create an attorney-client relationship.