No. The two matters are considered entirely separate from each other.
Indiana parents have rights and responsibilities to their children. This includes ensuring that their physical and emotional needs are met. If you are the custodial parent, this greatly increases your responsibility in terms of both your time and financial support. Due to these additional responsibilities, regular child support payments are essential.
When your former spouse misses child support payments or stops paying completely, the lack of child support can make it difficult to care for your children and meet their individual needs. You do have the option of recovering that child support but you can never deny visitation as a consequence of failure to pay.
If your former partner has missed child support payments, you should contact a Danville, IN, child support attorney right away.
What is a child support order?
Child support payments are designed to help the custodial parent meet the financial needs of the child. Money from child support payments can be used to pay for almost anything that contributes to the child’s upbringing. This includes food, shelter, education, medical bills, and toys.
The non-custodial parent who pays child support is known as the obligor. The person who receives child support payments is known as the obligee.
Penalties for missed child support payments
The most popular way to enforce a child support order is by asking the court to issue an income withholding order. This order is presented to the employer of the obligor and mandates the employer withhold the amount specified by the court. This will cover all missed payments as well as accumulated interest and fees from missed payments. The money is then redirected to the obligee.
Once an income withholding order is in place, any income from bonuses, sick pay, severance, and any other form of income must be sent to the ISCCU by the employer until all overdue child support has been paid.
The court has the authority to add 1.5% interest to the arrears. However, the obligee must petition the court to recover interests. The obligee can also petition the court to seize the obligor’s state tax refund when they are in arrears of more than $1500 and evidence can be presented that the child support order was violated intentionally.
Non-monetary penalties for missed child support
A parent who fails to pay child support can face non-monetary penalties as well. if the court determines that a child support order was intentionally violated, then the obligor can be held in contempt of court. The parent would then be forced to address the court and explain why they haven’t paid child support.
In cases where the obligor cannot financially pay child support, the court could order them to get a job or complete community service. If the obligor fails to show up at court, then they can be arrested and forced in front of the judge to answer for their failure to pay.
Contempt proceedings are very serious. They can result in jail time. However, the court will give the obligor several chances before sending them to jail. Obviously, a parent in jail cannot pay child support. So sending the parent to jail is considered an option of last resort.
The judge can also order the suspension of a professional license to enforce the child support order. The court can also order the suspension of the obligor’s driver’s license.
No matter what, however, you cannot deny visitation to the other parent.
Talk to a Danville, IN Child Support Attorney
Chris Arrington represents the interests of divorced or divorcing parents in child custody matters. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.