Guide to Spousal Support in Indiana
Spousal Support in Indiana
There are several important laws that address spousal support in Indiana, but the state’s laws lack in creating strict guidelines for maintenance when compared to other states. Some specific statutes that address spousal support in Indiana are listed under IC 31-15-7, Chapter 7: Disposition of Property and Maintenance. Several different sections within the chapter address spousal maintenance, and a judge will consider all conditions of this judiciary chapter before making a final decision on a settlement.
There is no formal calculator and formula in the state of Indiana. However, a judge may consider using the American Academy of Matrimonial Lawyer’s (AAML) standard formula in order to reach a rough estimate. The calculator on this website for spousal support in Indiana includes both the AAML’s formula and considerations under IC 31-15-7. If a judge does use the rough AAML formula, they can obtain a estimate value and duration for payment under the following measures:
Spousal Maintenance = (30% of supporter’s gross income) – (20% of the supported party’s gross income)
The total income of the supported spouse including their gross income and support received cannot exceed 40% of the combined gross income of the parties.
1) Marriage of 0-3 years X 30%
2) Marriage of 3-10 years X 50%
3) Marriage of 10-20 years X 75%
4) Marriage of 20 years or more may result in permanent support
The following laws specifically address spousal support in Indiana. You can access a complete list of the entire Chapter under Indiana’s official government website for the Legislative Branch.
IC 31-15-7-1 Order for Maintenance
This section simply states that the court may issue an order for spousal support in Indiana if there is a final dissolution or marriage under IC 31-15-2-16 or a legal separation under IC 31-15-3-9.
IC-31-15-7-2 Finds Concerning Maintenance
This section highlights considerations of the court in spousal support cases. A spouse must fall under one or more of the following categories in order to qualify for spousal support in Indiana:
1) If a spouse is physically or mentally disabled and is so incapacitated to the point that they cannot support themselves materially, the court will order maintenance be fulfilled until the party recovers.
2) The court will consider spousal maintenance if the spouse lacks standard property in order to provide for their basic needs. Additionally, the court will further consider spousal support for a parent who must take care of a child with a mental or physical disability and forfeit part of their earning capacity.
The court will also consider the following in consideration for rehabilitative support:
• the educational level of each spouse at the end of the marriage
• whether there was an interruption in the education or employment for a spouse because of homemaking or childcare responsibilities
• earning capacity of each spouse
• the time necessary to acquire proper education or employment skills in order to become self-supportive
IC 31-15-7-3 Modification or Revocation of Order for Maintenance
This section states that modification to a final spousal support settlement may only occur if there are unreasonable terms or if the party is forced to pay more than 20% in child support than what would have been asked for by the child support guidelines.
How do I file for Spousal Support in the state of Indiana?
In order to initially file for spousal support in the state of Indiana, you should visit Appendix D of Fillable Forms under the official government website of the Indiana Judicial Court. You will have to print off and fill out Form IHCDA—2007 Child (or Spousal) Support Certification. You will have to specify that you want to receive spousal support within the original petition as well, and you should file this form with the Court Clerk.