Child support is an obligation all parents share, but this responsibility is directly enforced by the state when a parent divorces, becomes legally separated, or paternity is established. While this money is integral to the child’s well-being, it is also a point of frequent contention between parents, as each side views the amount paid and its use as being both inadequate and wasted. However, this obligation is non-negotiable, and the state has extensive authority to enforce standing child support orders. In fact, the state is directly involved in the collection and enforcement of almost every child support obligation in Indiana. So, understanding how collection is established and delinquent accounts are pursued is important information for parents involved in this process. An additional issue for parents receiving or paying support is determining when the obligation ends, a point that is not typically automatic and must be affirmed by a court. An overview of the basic components of child support – collection, enforcement, and termination – will follow below.
Collection
The traditional and outdated view one may have of making child support payments involves parents directly paying and receiving this money without outside or government oversight. However, per Indiana law, any child support obligation created after January 1, 2007 must be processed through the clerk of the circuit court or the state collection unit (the option used by most parents). Specifically, the payments made by credit card or check go through the state collection unit, with those paid in cash going through the clerk of the circuit court. The court establishing the obligation does have the authority to approve of or provide for another method of payment if reasonable grounds to justify an alternative exist, though this would be a rare exception. Thus, parents should expect to make payments through the state collection unit, which does require some amount of setup, so action to facilitate making payments should be done in advance of the due date to avoid delays. Both parents should monitor the state collection unit for accurate recording and transfer of payments, as the system is known to have issues due to being built upon outdated and failing technology.
Enforcement
The enforcement of child support obligations is primarily achieved through an income withholding order that directs a non-custodial parent’s employer to automatically remit the court-ordered amount every time a paycheck is issued. The goal behind income withholding orders is to ensure regular and consistent child support payments by removing the need to rely upon the obligated parent to make timely payments. Of course, this enforcement method only works if a parent has regular employment. If income withholding orders are ineffective, the parent supposed to receive payment can petition to have the obligated parent held in contempt, which will require them to make some material effort to clear an amount in arrears to avoid going to jail. In addition, driver’s and professional licenses may be suspended, bank accounts seized, property liens imposed, and federal and state tax refunds withheld.
Termination
Finally, parents subject to child support orders understandably want to know when this obligation will end. Per Indiana law, when a child reaches the age of 19, the obligation to pay support typically ends. However, termination is dependent upon the child’s ability for self-support. Thus, before an obligated parent can stop paying, he or she will need a court to assess the child’s ability to provide support and the existence of any special needs. If special needs exist, support may be ordered indefinitely. How long it takes for termination of a child support order to take effect, and whether the termination should be retroactive, are technical issues that should be discussed with an experienced family law attorney.
Contact an Indiana Family Law Attorney
Child support is a central issue in many family law cases, and to ensure this issue is handled properly, an experienced family law attorney should review any need to establish, modify, or enforce this obligation. The procedures related to child support can be quite complicated, but Christopher L. Arrington, P.C. has have the knowledge and experience to get you the outcome your family needs. Contact the Danville law firm to schedule an appointment.