Providing financial support for a child is the legal obligation of all parents and does not disappear when a couple divorces or separates, regardless of the amount of parenting time a parent is granted. Child support payments are needed to provide a child with basic necessities of living, and the parent not receiving this money is often left in a perilous financial situation. While the first step a parent must take is to secure the right to receive child support through a court order, there is an additional enforcement aspect to the law in Indiana that allows courts to go after and punish parents who fail to meet this obligation.

A recent decision by an Indiana appellate court shows that even child support orders issued by other states will be enforced by Indiana courts if the correct procedure is followed. In this case, the appeals court reversed a decision by the trial court that voided a judgment by a Wyoming court that reduced the father’s child support arrearage to zero. The appeals court found the Wyoming court had jurisdiction to issue an order about child support, and Indiana did not have the authority to question that court’s findings. Given that people are more mobile than ever, parents will increasingly deal with enforcing child support orders issued by states in which they no longer live. An overview of how to access Indiana courts to enforce an out-of-state child support order will appear below in hopes of helping new additions to the state.

Enforcement Without Registration

Typically, child support and income withholding orders need to be registered with the clerk of the court for the county in which parent lives before Indiana courts will have jurisdiction. However, if an income withholding order issued by another state is sent to an employer of the parent obligated to pay support, the employer is required to follow the instructions in the order as if it was issued in Indiana. The obligated parent has the option of using Indiana to contest the validity or enforcement of the order. Assuming there is no contest, an employer must comply with the terms included in the order related to the following issues:

• How long child support is to be paid and how much it currently is;
• Who to send the payments;
• Medical support payments or health insurance coverage; and
• The amount of child support in arrears and any interest charges.

Enforcement After Registration

As stated above, registration of a child support or income withholding order is the normal procedure parents use to access Indiana courts if the original court decision was issued somewhere else. Proper registration requires the registering party to submit the following documents and information to the county clerk of courts:

• A letter requesting registration and enforcement of existing child support orders;
• Two copies, including one certified, of the court order to be registered;
• A sworn statement from the party requesting registration about any child support amounts in arrears; and
• The name of the person obligated to pay, along with the obligated person’s address, Social Security number, employer’s name and address, and any property owned in Indiana, if known.

Once the court order is registered, Indiana courts have the same enforcement powers as if the order came from an Indiana court, except over modifications of support orders. Indiana courts will only modify out-of-state support orders if the following circumstances exist: child and both parents do not live in the state that issued the original order, the person requesting modification is not a resident of Indiana, and the responding party is currently under Indiana’s jurisdiction. Alternatively, Indiana will modify out-of-state support orders if all the parties filed a written consent for Indiana jurisdiction with the original court.

Consult an Indiana Family Law Attorney

Enforcing a support order issued in another state is not difficult in practice but does require the filing of the correct forms with the proper court office. Failure to properly register an order from another jurisdiction could delay enforcement of the court order and leave the parent who receives child support in financial straits. Working with an experienced Indiana family law lawyer will avoid this possibility, and if you live in central Indiana, Christopher L. Arrington, P.C. can assist you with this matter and any other family law issues you may have. Contact him to schedule an appointment.