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

2. CHILD SUPPORT William Welch Staff Attorney, IPAC Phone – 812/232-1836–

3. 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

4. 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.

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

6. Administrative Paternity
Disestablishment Within 60 Days
Father who signed – Can Request DNA
File request in Paternity Court

7. 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

8. JUDICIAL PATERNITY Filing the Petition
Getting ready to prepare the petition
JUDICIAL PATERNITY
Filing the Petition

9. 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

10. 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

11. 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…

12. 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

13. 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.

14. Deceased Alleged Father
ISSUES IN PATERNITY
Long Arm Jurisdiction
Deceased Alleged Father
Long arm is contained in UIFSA statute (IC )
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

15. 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

16. 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.

17. Paternity Process Overview
Filing of Paternity
Initial Hearing
DNA shows Paternity
Paternity Finding
Paternity Order
Establishment of Child Support

18. 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…

19. Establishing An Order of Child Support
Robert Bishop
Kosciusko County Deputy Prosecuting Attorney
Phone – 574/ –

20. 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.

21. 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.

22. 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)

23. 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

24. 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.

25. The Worksheet

26. 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

27. B. Child Support (Court Order for Prior Born)
1. WEEKLY GROSS INCOME
FATHER
MOTHER
A. Subsequent Children Multiplier Credit ( )
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
PERCENTAGE SHARE OF TOTAL WAI %

28. 3. COMBINED WEEKLY ADJUSTED INCOME (Line 1E)
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
TOTAL CHILD SUPPORT OBLIGATION (Line 4 plus 4A and 4B)

29. 6. PARENT’S CHILD SUPPORT OBLIGATION (Line 2 times Line 5)
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

31. Guideline Calculators
Indiana Supreme Court
Private software

32. 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.

33. 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.

34. 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.

35. Payments 31-16-9-1. All payments, except cash, must be made to INSCCU.
Mandatory IWO.
YOUR ORDER MUST STATE THERE WILL BE AN IWO

36. Items required by law to be in an Order
Order must include medical support.
*6% Rule
*cash medical
*Public Insurance.
Tax Dependency.
Bests interests standard.
AP can claim, but only if 95% current for the year.
But, ACA

37. 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.

38. 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.

39. 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…