Indiana § 31-16-8-1 - Modification or revocation of child support order or maintenance order

§ 31-16-8-1. Modification or revocation of child support order or maintenance order

Sec. 1. (a) Provisions of an order with respect to child support or an order for maintenance (ordered under IC 31-16-7-1 or IC 31-1-11.5-9(c) before their repeal) may be modified or revoked.

(b) Except as provided in section 2 of this chapter, and subject to subsection (d), modification may be made only:

(1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or

(2) upon a showing that:

(A) a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and

(B) the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.

(c) Modification under this section is subject to IC 31-25-4-17(a)(6).

(d) Incarceration may constitute a change in circumstances so substantial and continuing as to make terms of an order unreasonable.

(e) For purposes of a petition to modify or revoke an order with respect to child support, the order described in subsection (b)(2)(B) refers only to an order in which:

(1) the amount of child support has been established or modified; or

(2) a petition to modify the child support order has been denied on the merits for a reason other than lack of timeliness.

The order described in subsection (b)(2)(B) does not include an order solely concerned with custody, parenting time, or other issues ancillary to the amount of child support, or an order that merely construes an existing order for child support, even if the order refers to or relates back to the order for child support.

[Pre-1997 Recodification Citation: 31-1-11.5-17(a) part.]

As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.19; P.L.94-2018, SEC.3; P.L.99-2019, SEC.1.