The economic impact of divorce is clear: it costs more to operate two households than one. For this reason, spouses’ standards of living may well decline post-divorce. That said, aside from the relative percentages of gross weekly income for child support, which may differ significantly, there is the issue of uninsured medical expenses and extra-curricular activities.
Like most families, these are beyond the regular family budget and hard to manage and pay in an intact family. Therefore, this often becomes a battle ground for divorced parents. The rules are complex, however, when looked at and analyzed closely, the rules are clear.
For extra-curricular activities, they too are divided on a pro rata (percentages of what each parent makes) income basis not 50/50. Where there is a low-income earning parent, he or she may not be able to afford to contribute, meaning the child may not get to participate in the extracurricular activity.
The same is true for uninsured medical expenses, but only after the six-percent (6%) rule is applied to and paid for by the “custodial” parent. The remaining uninsured medical expenses are paid for on a pro rata basis, not 50/50.
It is important to remember that the Indiana Supreme Court does not intend for these rules to be fixed or rigid and unable to be applied as is fair and equitable by Indiana’s trial court judges. Therefore, under Child Support Rule 3, the trial court judge may deviate from this standard if it is just and equitable. This is the workspace and focus of domestic attorneys. Rules may be deviated from if fair and key to meeting a child’s best interests and economically viable.
This blog post is written by attorneys at Dixon & Moseley, P.C. attorneys who handle domestic cases of all types (i.e., divorce, paternity, and post-decree matters) throughout Indianapolis and the State of Indiana. It is provided for general informational purposes only and is not intended as legal advice or a solicitation for legal representation. It is an advertisement.