Indiana Divorce Support
Indiana divorce support is a matter of discretion of the family court of Indiana that is holding the divorce case. The state statures are the guidelines on the basis of which the court decides on the divorce support including the spousal support, child support and distribution property. In the same way the Indiana divorce support is the sole discretion of the state courts. The family courts on the basis of the financial conditions of the parties and other related aspects decide on the type and extent of the support. As these deciding factors differ from case to case the judgment regarding the divorce support also varies accordingly.
IN spousal support- Title 31 - Article 15 - Chapters: 7 -
While deciding on the spousal support the main objective of the court is ensure that both the spouses get to live a healthy and respectable life and no financial hardship is faced by either of them that arises from the divorce. This is why the court meticulously considers the following aspects to determine the real need of the alimony and determines the nature and extent of the support.
Indiana child support- Title 31 - Article 15 - Chapters: 6 –
- Duration of the marriage and the conduct of the spouses.
- Standard of living attained during the marriage.
- Age health and mental condition of the spouses.
- Earning capacity, education, past work experience, employability of the spouses.
- Property and income from marital as well as non marital property.
- The capacity of the payer to pay the support.
When the parents of the children are getting legally separated the issue of the child support is as important as child custody. Generally the child support is paid by the non custodial parent. In Indiana the amount of the child support is calculated according to the Income Shares Model where the support is divided according to the income percentages of both the parents and then compared to decide who will actually pay the support. While ordering the child support the court obviously considers the requirement of the child, education, age, health, amount of the health and life insurance etc.
Indiana property distribution in divorce - Title 31 - Article 15 - Chapters: 7 –
Being an “Equitable Distribution” state, properties in Indiana are distributed justifiably between the spouses as decided by the court based on the guidelines. The court can adopt the following principles for dividing the properties,
The arrangement of the Indiana divorce support is made by the court to ease the financial hardship of the financially weaker spouse. The support is also ordered to ensure that both the parents share equal responsibility for rearing the child.
- It can divide the properties in kind.
- It can settle a property or part of the property to either of the spouses.
- Order the sale of the property and then divide the amount between the parties.
- Distribute the benefits as per the IC 31-9-2-98(b)(2) or IC 31-9-2-98(b).
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