Being a single parent is hard and it requires a lot of additional energy and work to raise a child to be a responsible adult. Additional burdens faced by single parents can easily be multiplied if a stable income and/or sufficient financial support is not in the picture. The perpetually rising costs of raising a child to the age of 18 certainly contribute to the financial struggles many single parents experience, and if the non-custodial parent is not consistent with child support payments, the custodial parent can quickly become overwhelmed trying to pay for everything. The State recognizes how difficult it is for custodial parents when the other party does not pay child support and wants to reduce the need for single parents to turn to the State for welfare assistance to make up this financial gap. Consequently, a number of legal mechanisms exist that are aimed at forcing non-custodial parents to pay this obligation. An overview of the some of the options a court can use to compel payment will be discussed below.

Income Withholding Orders

The standard method of enforcing child support payments is for a court to issue an income withholding order that requires the non-custodial parent’s employer to automatically withhold and submit the mandated child support payment to the Indiana State Central Collection Unit. This method of payment is the default used in all family law cases dealing with child support, and the court must specifically approve another method of payment in order to bypass income withholding. Assuming the non-custodial parent’s employer is known, Indiana requires the employer to withhold the child support payments from the parent’s paycheck within 15 days of the order’s issuance. This order stays in effect until any arrears or fees are paid, which means it could still be valid after the obligation to pay child support terminates.

Contempt

If a non-custodial parent quits a job or cuts off contact to avoid paying child support, the custodial parent can petition the court to hold the other parent in contempt of court. A judge must determine the delinquency was intentional, and a petition for remedy must be filed within 10 years of the child turning 18 or being emancipated, whichever occurs first. If a court holds someone in contempt for failure to pay child support, it can order the delinquent parent to perform community service or find employment. Additionally, if the court orders the parent to appear and explain why he/she is not paying child support, and the parent does not, the court can issue a bench warrant for the parent’s arrest.

Suspension of Driver’s License

Indiana law also permits courts to suspend a parent’s driver’s license for non-payment of child support. The suspension would be ordered as part of the custodial parent’s petition to enforce child support payments, and requires the court to issue an order to the bureau of motor vehicles that instructs them to suspend any active driver’s license held by the delinquent parent, or to refrain from issuing a license if the parent applies for one. It is also worth noting that the court can suspend professional licenses issued to doctors, attorneys or teachers to practice their profession for willful violations of child support orders.

Talk to a Family Law Attorney

Not receiving the child support you need is an issue that should be addressed before a large arrearage accumulates. Christopher L. Arrington helps families in the Indianapolis area deal with child support issues, and he can assist you with your case. Contact him to schedule an appointment.