Men often worry about being at a disadvantage during family law conflicts. Many men have heard nightmare stories of unfavorable court outcomes. They may fear divorce or separation because they assume they may face an uphill battle in family court.
Fathers may worry about receiving less parenting time than the mothers of their children. They may also worry about the courts treating them unfairly during child support proceedings. Despite the tall tales commonly shared about family law matters, the law is very clear about the rights and responsibilities of parents.
Can fathers expect the courts to grant them the same rights and consideration they extend to mothers during child support proceedings?
Either parent could be eligible for child support
Current custody rules in Indiana focus on the best interests of the children. Judges handling contested custody matters often begin with the presumption that 50/50 custody is best for the children and then modify the arrangements based on the details of the family situation.
Even in a scenario where parents have equally-shared parenting time, one parent is the custodial parent whose address serves as the primary address for the children. That parent is potentially eligible to receive child support.
The courts consider many different factors when determining who receives child support and how much support is necessary. The sex of the parents is not a consideration. Men don’t automatically have to pay child support, nor does the law prevent women from paying child support.
The parent who acts as the residential parent can receive child support regardless of whether they are the father or mother of the children. Child support formulas in Indiana consider the income of the parents and other unique family circumstances to calculate an appropriate amount of child support.
Men can ask for child support when they have more parenting time. They can also request a review of the child support order in situations where income levels or parenting time have changed since the initial order.
Fathers may need help handling parenting issues
Many fathers make the mistake of being passive during family law issues. They allow myths and misinformation to deter them from asserting themselves. Fathers who have learned about Indiana state law may feel more comfortable asking for custody. They may also push back on unfair or outdated arrangements for child support or ask for support from the mothers of their children.
The Indiana family courts should grant the same consideration and rights to both parents regardless of their sex during child support cases. Men who educate themselves about the law and have the right advocacy can potentially secure the best possible outcome in a dispute related to parental rights.