Friday, May 15, 2015

Proposed ICSG Revisions completed; Open for Public Comment soon

The Domestic Relations Committee [DRC] met in regular session at the Indiana Judicial Center on Friday 15 May 2015. Members made final grammatical revisions to clarify intent and improve continuity throughout the guidelines. In addition to completing revisions to the Indiana Child Support Guidelines the DRC has established a protocol for public comment on the revised guidelines as proposed.

Changes were made to reflect the statutory amendment in the emancipation age from 21 years to 19 years. Credits or adjustments for prior born or subsequent children are modified to follow chronological changes in family unit size. The section on birth expenses has been removed based upon the federal Office of Child Support Enforcement’s advisement that Indiana’s requirement that fathers pay 50% of birthing expenses contravened federal law.

Changes were made to reflect the Indiana Court of Appeals decision in Neal v Austin which requires an educational support order to be sought before the child reaches the age of 19 years in any case where a child support order was issued or modified after 30 June 2012.

The major revision is the removal of the Health Insurance Premium Worksheet for calculating health insurance contributions by parents. Under the so-called Affordable Care Act the parental contributions to health insurance premiums are not considered unless the amount paid exceeds 5% of the parent’s income. Public health insurance coverage will be included as a parental contribution subject to a child support credit.

The proposed revisions should be available under an announcement on the Indiana Supreme Court’s webpage. Members of the public will likely have 60 days to submit comments on the proposed changes. [I will make changes to this posting as I receive the updated information] Members of the DRC will review the public comments and then prepare a finalized version for submission to the Board of the Indiana Judicial Conference in September. The Indiana Judicial Conference will either accept as submitted or ask for changes before submitting the revised ICSG to the Indiana Supreme Court for adoption. The guidelines, as amended, will likely go into effect on 01 January 2016.

The current Indiana Parenting Time Guidelines and Indiana Child Support Guidelines are now available in Spanish versions.

2010 Indiana Child Support Guidelines - Versión en español

2013 Indiana Parenting Time Guidelines - Versión en español

The next regular scheduled meeting is 17 July 2015. DRC meetings are open to the public but are not public input sessions.

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