When and How to Modify Indiana Child Support

When Can You Modify Child Support in Indiana?

Indiana child support orders can be modified when there is a “substantial and continuing change in circumstances.” This is the legal standard under IC 31-16-8-1.

The most common triggers:

  • Significant increase or decrease in either parent’s income
  • Change in the number of overnights (parenting time increase or decrease)
  • Children aging out of the order (Indiana support ends at age 19 unless court extends for post-secondary education)
  • Change in work-related childcare costs
  • Change in health insurance coverage or premium
  • Birth of additional children

The Substantial Change Standard

Indiana defines “substantial” as a 20% or more change in the support obligation when the current order was entered or last modified. A 5% income change that would move support by only a few dollars is unlikely to qualify. A promotion doubling the NCP’s income almost certainly qualifies.

The change must also be “continuing” — a temporary layoff followed by rehiring may not qualify. The court expects the change to persist.

Practical test: Use this calculator to estimate support under the new circumstances. If the result differs from the current order by 20% or more, you likely meet the threshold for modification.

The Review Process

Administrative review: Indiana DCS (Department of Child Services) offers a periodic review of support orders through the Title IV-D program (if DCS is managing collections). Either parent can request a review after 12 months from the last order.

Court modification: Either parent can file a Petition to Modify at any time, but must show the substantial change standard. Filing requires:

  1. Petition to Modify Support Order (form available at in.gov)
  2. Verified financial declaration (both parents’ income documentation)
  3. Filing fee (varies by county, typically $150–$250)

Modification takes effect from the date of filing, not the date of the changed circumstance. Retroactive modification for periods before filing is generally not permitted.

Income Changes

NCP income increase: CP typically files for modification. If NCP refuses to provide income documentation, the court may impute income based on earning capacity.

NCP income decrease — voluntary: A voluntarily lower income (e.g., NCP quits to take a lower-paying job) does not automatically reduce support. The court may impute income at the prior earning capacity if it finds the income reduction is not in good faith.

NCP income decrease — involuntary: Layoff, disability, or employer closure may qualify for modification. The NCP should file promptly — support accrues at the old rate until a court order changes it.

CP income changes: The formula uses both parents’ income, so significant CP income changes (new job, disability, remarriage to a higher earner — though new spouse’s income is generally not included) can affect the recalculated obligation.

Parenting Time Changes

If the NCP’s overnight schedule changes significantly (e.g., from 60 to 120 overnights after a custody modification), the parenting time credit changes accordingly. This alone may constitute a substantial change without any income change.

The 2024 Guideline Update as Grounds

The January 1, 2024 update to Indiana guidelines itself constitutes grounds for a review. If your order was entered before 2024, the new BSO schedule likely changes your calculated obligation by more than 20% (the update increased amounts by 4-22%). Either parent can request a review based on the guideline change alone.

What Modification Cannot Do

  • Reduce or eliminate child support arrears (past-due amounts already accrued)
  • Apply retroactively to periods before the petition was filed
  • Override a written settlement agreement without court approval
  • Terminate support for a child who is disabled and dependent (support may extend past age 19 for incapacitated children)

Before filing a modification petition, estimate your revised support amount using the Indiana child support calculator with updated income and overnight visit figures.

References & Sources

  1. [1] Indiana Code 31-16-8-1 — Modification of Child Support (opens in new tab)
  2. [2] Indiana Judicial Branch — Family Law Resources (opens in new tab)