HOW IS THE SUPPORT ORDER ENFORCED?

The main purpose of the Child Support Enforcement Program is to make sure that child support payments are made regularly and in the correct amount. When the other parent doesn't pay the whole amount, or doesn't pay at all, enforcement action is required.

In reviewing the file to determine the best method of enforcement, the Child Support Division's first concern is establishing a regular payment plan for ongoing support. Collection of arrearages is the secondary concern. Picking the best method of enforcement is based on all the information about your case, like past payment history, the date when the last payment was received, where the other parent is located, how much money he/she makes and what kind of assets he/she has.

The Child Support Division will try to get the other parent to pay voluntarily. Sometimes, regular and full payments are received in response to regular monthly billings, from voluntary wage assignments, or by a simple telephone reminder.

Whether or not the other parent has assets which could be used to pay off backchild support, (like money in the bank or a car, house or recreational vehicle) will often determine the success of the action taken. There are limitations to taking these kinds of assets for payment of support.

Contempt of Court

If the court finds that a person is delinquent in the payment of child support as a result of an intentional violation of an order for support, the court may find the person in contempt of court. As a result of this finding, the Court has the authority to commit the person to jail for a reasonable time, usually up to a maximum of 180 days. While this is a civil and not a criminal proceeding, and does not result in a "conviction," the threat of incarceration often operates as a strong incentive to pay the ordered support.

The Child Support Division often files for a hearing on a Rule to Show Cause when a person is delinquent in child support payments. This is a legal pleading demanding that the person "show cause" why they should not be held in contempt of court for failure to pay child support. However, in order for the person to be held in contempt of court, it is necessary that they receive notice of the hearing. This is ordinarily accomplished through certified mail or personal service by the Sheriff. At the hearing, it must then be established that the person was aware of the support order, had the ability to pay, and failed to pay in compliance with the order.

Income Withholding

As required by Indiana law, the Child Support Division will seek to obtain a wage withholding order to withhold child support from the paying parent's wages. The paying parent will always be required to report to our office within10 days of any change in address or employment.

Tax Intercept

Anyone who has made application for our program is eligible for the tax intercept program so long as the arrearage requirements are met ($100.00 for AFDC and $500.00 for Non-AFDC.) The Tax Intercept Program authorizes the interception of federal and state income tax refunds and lottery winnings of the delinquent parent. The state will assess a minimal fee for an intercepted tax refund.

Interstate Enforcement

The Child Support Division will go across state lines to request the enforcement of child support orders in another state where either the child or the obligated parent lives in Clark County. Full cooperation and assistance is offered to other states, who are strongly encouraged to provide reciprocal enforcement of child support orders.

Professional and Driver's License Suspension

Under Indiana Code 12-17-2-34(a)(3), if the non-custodial parent is delinquent in the payment of child support by at least $2,000 or has a three (3) month child support arrearage, his/her driver's license can be suspended.

Under Indiana Code 31-16-12-8, when a court finds that a non-custodial parent who is an attorney, licensed teacher or practitioner is delinquent in the payment of child support as a result of an intentional violation of a child support order, the court shall issue an order to the board regulating the practice of the person's profession requiring suspension or prohibiting the board not to issue a license.

Liens and Judgments

We will pursue liens and judgments where the arrearage is over $1,000 and collection of the arrears is not available through a wage withholding. This method of enforcement has been successful when dealing with those absent parents who are self-employed.

Criminal Charges

The Child Support Division will make every effort to exhaust all civil remedies available to us in order to enforce and collect the child support arrearage. If this is unsuccessful, criminal charges may be appropriate. Indiana Code 35-46-1-5 provides that a person who knowingly or intentionally fails to provide support to a dependent, commits Non-support of a Dependent Child, a class D felony. It is a Class C Felony if the amount of unpaid support due and owing for one or more children is at least $15,000. A Class D Felony is punishable by up to three (3) years imprisonment and/or a fine of $10,000. A Class C Felony is punishable by up to eight (8) years imprisonment and/or a fine of $10,000. It is a defense to the crime of Nonsupport of a Dependent that the person was unable to provide support.

The matter may also be referred to the United States Attorney for pursuit of federal criminal charges. Title 18, 228 of the United States Code makes the willful failure to pay a past due support obligation with respect to a child living in another state a federal crime. To be applied, the support obligation must exceed $5,000 or remain unpaid for more than one (1) year. The penalties under this statute are: 1) for the first offense, not more than 6 months imprisonment and/ or a fine of $5,000; and 2) for the second offense, not more than 2 years imprisonment and/or a fine of $250,000.