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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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    • Family Law
      • Adoption
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  5. Everything You Need to Know About Divorce in Indiana – From “A” to “Z”: The “C” Words

Everything You Need to Know About Divorce in Indiana – From “A” to “Z”: The “C” Words

On Behalf of Dixon & Moseley, P.C. | Oct 29, 2015 | Divorce

At this point in the blog series, it addresses one of the most controversial and on-going types of domestic litigation: “child support.” The driving policy behind child support is to maintain the lifestyle the children were accustomed to prior to the divorce. However, it costs more money to operate two households than one. This creates the common position lawyers hear from their clients, which is a variant of “I cannot get by on that low amount of support” or “I cannot afford to pay that much and survive.”

To determine the proper amount of child support each person should pay (which the non-custodial parent will receive), the child support formula begins by using each parent’s gross weekly income and makes adjustments (credits and debits). Even irregular income is included in gross weekly income. There is flexibility in the Rules and Guidelines to deviate (increase or decrease) to reach a just result. However, the parents must properly present the evidence, generally accomplished by a skilled attorney.

When a payor party does not timely pay child support, the other party may file a contempt motion to force payments. One of the black and white rules of child support is a payor may only modify child support back to the filing of a petition to modify. So losing a job normally necessitates that a party file a modification action. Failing to do so may create an arrearage that cannot be addressed at a later time.

Assuming this is filed, and the payor cannot find substitute employment, he or she may not be held in “contempt.” Contempt requires a showing of a knowing or intentional failure to pay child support. A party found in contempt may be incarcerated to enforce payment. In addition, when an arrearage reaches a certain threshold, a professional license may be at risk and/or a felony non-support charged brought by the prosecutor. Thus, a party who owes child support should constantly monitor his or her situation and respond to any changes in work or decrease (or increase) in income with this in mind).

The final two common “C” words in divorce and/or paternity cases are “Child Protective Services” (CPS) and “custody evaluations.” They are not necessarily related terms. CPS is the agency that investigates allegations that a parent is neglectful or abusive toward a child. If this is substantiated, then services will be offered to a parent(s) to the end of reunification with the child. However, CPS investigations can lead to criminal charges being lodged against a parent or termination of the parent-child relationship.

A custody evaluation is generally conducted by a third party such as a LCSW or Ph.D. child psychologist. A custody evaluation involves the evaluator interviewing each party and the children in different configurations, performing psychologist testing, and consulting with or reviewing collateral sources.

Collateral sources are those that tend to validate or invalidate the allegations or situation that may weigh to or against the parent’s contention for custody or parenting time. Ultimately, the evaluator makes a report and recommendations to the court on what is in the children’s best interests as to custody and visitation.

Child support determination and modification, CPS investigations, and custody evaluations are useful to meeting any specific legal objective (such as a non-custodial parents desire to modify custody); but they are complex legal concepts that are best deployed with the guidance of a skilled attorney.

Hopefully, this blog provides you with some insight as to these matters. If so, it has met its educational goal. This blog post was written by attorneys at Dixon & Moseley, P.C. who practice all types of domestic cases throughout the State of Indiana. It is not intended to be relied upon as legal advice or a solicitation for legal services.

What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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Recent Posts

  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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