Legal Question in Family Law in Indiana

I live in Indiana. My son's father whom I was not married to and I entered an Agreed Entry into the court regarding custody and support of our son. The agreed entry was entered Sep 2011.

Does the calendar year to calculate his overnight credit go from September to September? Or January 1 to January 1?

Do overnights get calculated going forward rather than historically since agreed entry was put in play? Example, his job hours have changed meaning he will no longer get weekly overnights but on average 3 a month total. There is no set schedule as he is a railroad engineer. We are at 85 overnights now, going forward if I seek modification( his hours won't change)he will be maybe 70-75 with vacation weeks. Would that be the figure to use then?

thanks.


Asked on 8/27/13, 7:17 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

The court only looks backward to the extent that that predicts the future. It is not a 12 month view, January to January, or any other month. To get a change, you will have to prove that what he will be doing is different than what the last worksheet gave him credit for.

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Answered on 8/27/13, 7:23 am


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