Remarriage and Child Support in Indiana

When divorced parents get married again, they still have a legal duty to support their children from previous relationships. And remarriage—by itself—won't warrant a change in the amount of child support they're paying or receiving for those kids. But in Indiana, some circumstances related to either parent's new family might qualify for a support modification, especially when they have more kids to support.

The Basic Rules for Calculating and Changing Child Support in Indiana

Indiana has detailed guidelines for calculating child support. The calculation is complicated, but the total support obligation is primarily based on both parents' income, with adjustments for certain expenses. Then, each parent's share of the overall support obligation is based on their proportionate share of their combined incomes. (For instance, if the parent who will be paying support earns 60% of their combined income, that parent will pay 60% of the total support obligation, as calculated under the guidelines.)

However, if the amount resulting from the standard calculation would be unfair or inappropriate, a judge may order any other reasonable amount of support (known as a "deviation" from the guidelines) after considering all of the relevant circumstances in the case.

Either parent may request a change in their existing child support order, but they must prove that:

• they've experienced a substantial, ongoing change in circumstances that makes the existing order unreasonable, or
• it's been a year or more since the existing order was issued, and the amount in that order is at least 20% higher or lower than the amount resulting from a new guideline calculation based on the parents' current financial circumstances.

(Ind. Code § 31-16-8-1 (2024).)

How Children From a New Marriage Can Affect Child Support in Indiana

When parents are calculating child support under Indiana's guidelines, they may adjust their income to deduct their support for children from other relationships, as long as they have a legal duty to support those children. This means that if you have additional kids with a new spouse or partner, your support for them could lower your income in a new calculation of support for your children from your previous relationship. Depending on the specifics, that change might qualify as a reason for modifying support (under the rules discussed above).

The guidelines include a table for calculating this income adjustment for support of additional children who are born or adopted in your new relationship. As a general rule, stepparents don't have a legal duty to support their stepchildren in Indiana.

(Indiana Child Support Rules and Guidelines, Guideline 3C (2024).

Can a New Spouse's Income Affect Child Support in Indiana?

Indiana's guidelines include detailed rules on what counts as income when calculating child support. Under those rules, income does not include the earnings or assets of a parent's new spouse. So even if your ex has married a high earner, that wouldn't change the calculation of guideline support.

However, when Indiana judges are deciding whether to order a deviation from the guidelines (as discussed above), they must consider both parents' financial resources. Indiana law doesn't spell out whether those resources include the earnings and assets of a new spouse.

Still, you could argue that your ex has considerably more resources available for supporting your kids because of a wealthy new spouse—and, as a result, there's been a substantial change in circumstances that warrants a modification and makes the existing support order unfair or inappropriate. Whether the judge buys that argument will depend on the specifics of your case, including your ex's resources, your children's needs, and the standard of living they would've enjoyed if you and your ex had stayed together.

(Ind. Code § 31-16-6-1 (2024).)

Resources and Help With Child Support After Remarriage

If you're supporting additional children as a result of your remarriage, you can use Indiana's online child support calculator to see whether that would affect the amount of guideline support for the kids from your previous relationship. When the answer is yes, you might show your ex the calculation and see if the two of you can agree on a modification. You would still have to submit your agreement to the court for approval. Indiana Legal Help provides forms and instructions for changing child support when parents agree.

You might need additional help if you and your spouse can't agree on a modification request. That's especially true if you're seeking a deviation from the guideline calculation based on your ex's resources from a new spouse. Although Indiana Legal Help also offers forms for changing child support without an agreement, contested modification proceedings can be difficult (and risky) to navigate without a lawyer.

Be aware that requests to modify child support can sometimes lead to surprising results. For instance, you might think you should be paying less support because you have a new baby, only to find that the judge increases your payments because your ex has suffered serious financial setbacks. You'd be wise to at least speak with an experienced family law attorney who can explain how a judge is likely to rule in your case—and can help you gather the kind of evidence you'll need in court.