Establishment of Paternity Establishment of Support CHILD SUPPORT Presented By: William Welch Establishment of Paternity Presented By: Robert Bishop Establishment of Support

CHILD SUPPORT William Welch Staff Attorney, IPAC Phone – 812/232-1836 Email – wwelch@ipac.in.gov

CAVEAT: This will be a quick summary and overview CAVEAT: This will be a quick summary and overview. In depth workshops will be offered at the 2015 Newly Elected Prosecutor IV-D Workshops February 4-5, 2015 Sheraton Indianapolis Hotel at Keystone Crossing SAVE THE DATE

Establishing Paternity Paternity Affidavit In Hospital Health Department Judicially Established Petition filed in Court Court Order Administrative Covered in Administrative Remedies Presentation presented by David Morris later this morning.

Administrative Paternity Paternity Affidavit Hospital – within 72 Hours Health Dept – before emancipation Signing the Affidavit Mother Man who reasonably appears to be father

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 Getting ready to prepare the petition JUDICIAL PATERNITY Filing the Petition

JUDICIAL PATERNITY FILING Child – Next Friend One Child Mother/Father One Case FILING Child – Next Friend Mother/Father Respondents One Child per case is a rule instituted by the Supreme Court Admin. Multiple Children – set together Calculate support for total and divide Consolidate if possible You do not represent the child. You represent the State who is filing as NEXT FRIEND

JUDICIAL PATERNITY FILING Proper Venue Where Mother, Child or Father Live FILING Statute of Limitations Prior to age 20, unless incompetent Venue should not be a problem if mother lives and signs up in your county Statute of Limitations is not something that comes up very often either

DNA TESTING Have person to take sample right at Initial Hearing Buccal Swab Quick Results Admissible Results Have person to take sample right at Initial Hearing Use State approved vendors – only 2 Big cue tip – Results within 10 days Must object at least 30 days prior to the hearing where the DNA sample will be presented. Otherwise, objection is waived and the test comes in without chain of custody, expert testimony, nothing…

JUDICIAL PATERNITY DISPOSITION DNA over 99% Rebuttable Presumption Summary Judgment ISSUES Support Types Other Child Issues Tax Issues Every Lab will give results better than 99% Create presumption If does not admit after test – file SJ Monetary Support and Medical Support Parenting Time, Insurance, Name Change, Holidays, Daycare, Education Previous Standard – alternating. ACA will change that. Rob will talk some more about this

Paternity for a Child Born of a Marriage ISSUES IN PATERNITY Paternity for a Child Born of a Marriage Divorce Disestablishment Child born into someone else's marriage – case law has fluctuated over the years, but it can be filed. Policy Considerations – when will you file. Parties getting a divorce can have the court make a paternity designation in the divorce decree. You will sometimes be asked to provide DNA services…they will have to sign up for the program. We always made them pay up front.

Deceased Alleged Father ISSUES IN PATERNITY Long Arm Jurisdiction Deceased Alleged Father Long arm is contained in UIFSA statute (IC 31-18-2-1) List of items that provide jurisdiction…Nexus between Indiana and the child. Just filing here is not enough. Deceased fathers …but who do you serve? Need an estate opened to serve the representative. DNA using alleged father’s parents

ISSUES IN PATERNITY Parents are minors… Necessary Parties Parents of Minors 3rd Party Custodian Husbands Parents are minors… The parents of the minors are necessary parties. “Mother of minor mother”, etc. Third party custodians (grandmothers, guardians, etc.) Even if the custody was not official. If filing on a child born into an existing marriage

JUDICIAL PATERNITY Making support retroactive to filing date in a Paternity is required. Only in paternities can you go back to before the filing date. Sometimes the mother requests this. Other times the mother was on TANF for a portion of that time. You can go back and pick up the assigned support for the state for the TANF period or periods.

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. Introduce Rob Bishop Kosciusko County Prosecuting Attorney's Child Support Deputy Prosecutor since 2006 Done some incredible things up there…

Establishing An Order of Child Support Robert Bishop Kosciusko County Deputy Prosecuting Attorney Phone – 574/372-2421 Email – rbishop@kcgov.com

Why Support Guidelines? 42 U.S.C. § 667. State guidelines for child support awards (a) Establishment of guidelines; method Each 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 Expense Health 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

CHILD SUPPORT OBLIGATION WORKSHEET (CSOW) 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

B. Child Support (Court Order for Prior Born)   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)   3. COMBINED WEEKLY ADJUSTED INCOME (Line 1E)   BASIC CHILD SUPPORT OBLIGATION Apply 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)   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 Court http://www.in.gov/judiciary/2625.htm Private software http://www.supportmastersoftware.com/

Indiana Child Support Guideline 3(B) states, 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.

Payments 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

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.

Federal timelines 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…