[IN] Can I file an agreed custody and child support modification under the same case number?

Lexi, Chatbot

I understand that navigating custody agreements can be quite challenging. Have you already established a child support order in the court?

Lexi, Chatbot

Are you currently in communication with the other parent regarding the custody agreement?

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with filing a custody agreement in Indiana where you already have a child support order in place. Could you tell me more about any steps you've taken so far or any specific concerns you have? Disclaimer: This conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Richard

Could you confirm if the child support order was filed in Indiana?

Richard

Great, thanks for confirming.

Richard

Since the child support order was filed in Indiana, you would generally file the custody agreement under the same case number because the court retains jurisdiction over custody and support matters involving the same child. (IN Code § 31-21-5-10 (b)(1)(B))

Yes, when you go to file, you can tell the clerk you are filing an agreed custody modification (and support modification, if applicable) under that case number. The clerk will file it and either:

• Place it on the docket for a judge to review, or
• Schedule a brief hearing (some counties require this even for agreed orders).

Regarding notarization: An out-of-state notary (such as Kentucky) is typically acceptable as long as the notary is properly commissioned and the acknowledgment complies with Indiana requirements. Indiana courts generally accept properly notarized out-of-state documents.

Richard

Yes, that’s correct. You would file it under the same case number and tell the clerk you are filing an agreed custody modification. They will handle docketing it.

Richard

Since your custody change affects child support, you generally need the court to formally modify the existing child support order. Simply stating the change inside the custody agreement is usually not enough by itself.

Here’s the safest way to handle it in Indiana:

• File it under the same case number.
• Title it something like “Agreed Order Modifying Custody and Child Support.”
• Clearly state the new custody terms.
• Clearly state the new child support amount and that it modifies the prior support order.
• Include updated child support worksheet(s) required under Indiana guidelines.

The judge must sign a modified support order for it to be legally enforceable. Until the court signs a new order, the old support amount technically remains in effect.

So no separate case is needed — but you do need the support modification clearly written as part of an agreed order for the judge to approve.

Richard

You’re doing everything correctly. It’s completely normal to double-check when it’s something this important.