child support presented by: william welch establishment of paternity presented by: robert bishop...
TRANSCRIPT
CHILD SUPPORT
•Presented By: William WelchEstablishment of Paternity
• Presented By: Robert BishopEstablishment of Support
CAVEAT:This will be a quick summary and
overview. In depth workshops will be offered at the 2015 Newly Elected Prosecutor IV-D
Workshops
Establishing Paternity
Paternity Affidavit
• In Hospital• Health
Department
Judicially Established
• Petition filed in Court
• Court Order
Administrative Paternity
•Hospital – within 72 Hours
•Health Dept – before emancipation
Paternity Affidavit
•Mother•Man
who reasonably appears to be father
Signing the
Affidavit
Administrative Paternity
Disestablishment Within 60 Days
• Father who signed – Can Request DNA
• File request in Paternity Court
Administrative Paternity
Disestablishment After 60 Days
• Court must find fraud, duress or mistake of fact
• Man who signed requests DNA• Test excludes man as biological father
JUDICIAL PATERNITY
Filing the Petition
JUDICIAL PATERNITY
One Child
One Case
FILINGChild – Next
Friend
Mother/FatherRespondents
FILING
JUDICIAL PATERNITY
Proper Venue
Where Mother, Child or Father Live
FILINGStatute of
Limitations
Prior to age 20, unless
incompetent
FILING
DNA TESTING
Initial Hearing
Buccal Swab
Quick Results
Admissible Results
JUDICIAL PATERNITY
DISPOSITION
• DNA over 99%
• Rebuttable Presumption
• Summary Judgment
ISSUES
• Support Types
• Other Child Issues
• Tax Issues
ISSUES IN PATERNITY
Paternity for a Child Born of a Marriage
Divorce Disestablishment
ISSUES IN PATERNITY
Long Arm Jurisdiction
Deceased Alleged Father
ISSUES IN PATERNITY
Necessary Parties
Parents of Minors
3rd Party Custodian
Husbands
JUDICIAL PATERNITY
Paternity Process Overview
Filing of Paternity
Initial Hearing
DNA shows Paternity
Paternity Finding
Paternity Order
Establishment of Child Support
Now, lets talk about getting the support established.
Robert Bishop
•Kosciusko County Deputy Prosecuting Attorney•Phone – 574/372-2421•Email – [email protected]
Establishing An Order of Child Support
Why Support Guidelines?
• 42 U.S.C. § 667. State guidelines for child support awards
• (a) Establishment of guidelines; methodEach State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.
Indiana Concepts
• Parental Shares • Recommended amount should allow the
child the same standard of living as if the parties were still together.
• Is presumptively correct.• Deviation only with cause shown.• Shared and Transferred costs.
What Information Do I need to Complete the Child Support
Obligation Worksheet?Income of Parties
Work Related Child Care ExpenseHealth Insurance cost
Parenting Time (specifically overnights)Older children (and Order Amount)
Younger children (No order amount needed)
INCOME
• 31-18-1-6 “anything of value”• No means tested benefits – SSI, AFDC,
certain tax credits such as the earned income credit.
• Averaging of Income is OK if the income of the AP is not consistent.
• Self-employed deduct reasonable business expenses
Parenting Time
• Although Parenting Time is a required figure on the worksheet, determining the credit when it is contested is not a IV-D function.
The Worksheet
Each party shall complete that portion of the worksheet that applies to him or her, sign the form and file it with the court. This worksheet is required in all proceedings establishing or modifying child support. IN RE: CASE NO: FATHER: MOTHER:
CHILD SUPPORT OBLIGATION WORKSHEET (CSOW)
Children
DOB
Children
DOB
1. WEEKLY GROSS INCOME
FATHER
MOTHER
A. Subsequent Children Multiplier Credit (.065 .097 .122 .137 .146 .155 .164 .173)
B. Child Support (Court Order for Prior Born)
C. Child Support (Legal Duty for Prior Born)
D. Maintenance Paid
E. WEEKLY ADJUSTED INCOME (WAI) Line 1 minus 1A, 1B, 1C and 1D
2. PERCENTAGE SHARE OF TOTAL WAI
%
%
3. COMBINED WEEKLY ADJUSTED INCOME (Line 1E)
4. BASIC CHILD SUPPORT OBLIGATIONApply CWAI to Guideline Schedules
A. Weekly Work-Related Child Care Expense of each parent
B. Weekly Health Insurance Premium – Total from HIPW, Line I
5. TOTAL CHILD SUPPORT OBLIGATION (Line 4 plus 4A and 4B)
6. PARENT’S CHILD SUPPORT OBLIGATION (Line 2 times Line 5)
7. Adjustments from Post-Secondary Worksheet
Child Care
Health Insurance
PARENTING TIME 000
8. RECOMMENDED SUPPORT
Guideline Calculators
Indiana Supreme Courthttp://www.in.gov/judiciary/2625.htm
Private softwarehttp://www.supportmastersoftware.com/
The Signature Trap
Indiana Child Support Guideline 3(B) states,1. Submitting Worksheet to Court. In all cases, a copy of the worksheet which accompanies
these Guidelines shall be completed and filed with the court when the court is asked to order
support. This includes cases in which agreed orders are submitted. Worksheets shall
be signed by both parties, not their counsel, under penalties for perjury.
BEARDSLEY, v. HEAZLITT, 654 N.E.2d 1178 (1995)
Beardsley, a party, an attorney, filed an UNSIGNED CSOW
In Cobb v. Cobb (1992), Ind. App., 588 N.E.2d 571, 575, we held that it is error for a trial court to base its
support order on an unverified and unsigned worksheet.
In the Matter of the Paternity of B.G. (2012)
memorandum decision DPA filed an unsigned CSOW
with the Court as the agreement of the parties. Mom appealed
due to lack of signature. Essence of ruling was Waiver.
31-16-9-1. All payments, except cash, must be made to INSCCU.
31-16-15-.5 Mandatory IWO.
YOUR ORDER MUST STATE THERE WILL BE AN IWO
Payments
Items required by law to be in an Order
• 31-16-6-4 Order must include medical support.*6% Rule*cash medical*Public Insurance.
• 31-16-6-1.5 Tax Dependency.‒ Bests interests standard.‒ AP can claim, but only if 95% current for
the year.‒ But, ACA
ISETS ODDITIES
Order for support must be a numeric figure.
If you adjudicate arrears, you need a payment amount
In a IV-D case, the system will only pay out what is owed.
Post-Secondary Educational Expenses
• The current CSB policy is that PSE expenses are NOT child support and that IV-D does not obtain or enforce orders for them. NO Office should seek or enforce PSE orders and no PSE orders should be entered into ISETS.
90 calendar days from locating the alleged father or non-
custodial parent the PA must establish an order for support
OR complete service of process necessary to commence
proceedings to establish a support order…
Federal timelines