'Reverse' Child support Indiana

[i_won_sorta]

I've looked and haven't found much on this topic. But according to my lawyer, there cannot be 'reverse' child support in indiana. Supposedly there was an Indiana supreme court decision to uphold this.

So a very hypothetical scenario would be, the custodial father makes let's say 100k and has the majority of the overnights. The NCP (mother) works part (1 night per week or so) time as a waitress and makes below poverty level. if the CS work sheet was filled out the father would owe the mother money. even though he is the one responsible for paying the controlling expenses. but according to my lawyer this can't happen per some state supreme court ruling. my question is, does anyone know what that is? i've looked and all i can find is Grant v. Hager... and in that case the NCP got money. Any help is appreciated.

[hoosier_dad]

Never heard of that before. My temp decree in 12/2009 included reverse child support and the latest online child support calculator produces reverse child support scenarios so it would appear to still be possible. I'd be curious what case your attorney is pointing to.

[CCR]

In my state (MN), there can be reverse child support only if the parenting percentages set in the decree are at least 45.1%/54.9%.

If it's written as 45/55, then the CP never pays the NCP. And, regardless of income, no matter how much more the CP makes in this situation, there is a child support order.

For example, I plugged in $1000 a month as income for the NCP and $50,000/month for the CP, and the NCP pays $48/month when they have the kids 45% of the time. Change that to 45.1% and there is reverse CS of $2000/month to the NCP.

[Fatheroffour]

Your attorney should know to cite the case. Like a preacher that doesn't cite scripture but says "its in the Bible", it sounds suspicious .

[i_won_sorta]

i'm sure she will when i actually sit down with her. she just said it when as something not to worry about. I'll let you guys know when i get more information. ideally i could impute her income at what she was making before she got remarried. she didn't hold that job very long but it was something past minimum wage, assistant manager (retail) type money. not great, but definitely not poverty level.

[defaultuser]

When I look up case law, I use google advanced scholar search. Sometimes, you have to be creative in your search terms.

obviously you want to use: "child support" and probably "income" and maybe other terms such as "majority" or whatever.

Usually I find what I'm looking for in a few tries.