Being able to count on receiving child support is important for the financial stability of any single parent, but the need for regular payments is especially acute for those receiving public assistance. Because such people rely on state and local agencies to provide benefits for necessities like food, housing, and medical care, there is more government oversight related to child support collection and enforcement. A recent news story in the Daily Journal discusses the efforts of a program by the Johnson County Prosecutor’s Office to collect back child support from parents in arrears. Prosecutors work with law enforcement to locate delinquent parents and arrest them on felony charges. Using this system, the program successfully collected $5 million in back child support so far this year.
In addition to the extra oversight applied to recipients of public assistance, other types of third parties may be designated by a court to receive child support payments if, for example, there is concern over whether the money is actually being used to provide for the child. An overview of the some of the additional legal mechanisms used in these cases will appear below.
Third Parties
A court has the authority to designate a third party to receive child support payments when the initial child support order is issued or at any time later. This third party may be appointed by the court or chosen by agreement between the parties with court approval. The following are examples of the types of persons or entities that are considered third parties for the purpose of receiving child support:
- A trustee;
- An estate guardian for the child;
- Any third person; or
- A social service agency
Directing Payments to State Assistance Programs
In situations where children are the recipients of public assistance programs or dependents of the State, the state or local agency that provides the assistance has the right to obtain an assignment of the child support payments. This means that the child support payments made to the state child support collection unit are automatically directed to the public assistance agency instead of the children’s custodial parent. Before the payments are diverted to the public assistance agency, this agency must notify the court or child support collection unit and the person paying and currently receiving the child support about the assignment. Once this notice is received, no further action by a court is necessary to redirect the payments. The public assistance agency disburses the child support funds as necessary upon receipt, and they must be exclusively used to benefit the children.
Duty of Non-Custodial Parent to Inform Public Assistance Agencies
Another method used by public assistance agencies to ensure child support is properly collected is to require the non-custodial parent to provide the agency and the court with certain information related to employment and health insurance coverage. Specifically, the non-custodial parent must inform and update the court and agency about:
- The name and address the non-custodial parent’s current employer;
- Access to health insurance;
- Health insurance policy information; and
- The parent’s social security number.
Speak with a Lawyer
Not receiving court-ordered child support is an issue any single parent must try to remedy as soon as possible for the sake of the child. There are many options available to enforce this obligation, and it is best to tackle non-payment right away, instead of letting the amount of back child support grow unchecked. Working with an experienced family law attorney to enforce your rights is the best way to ensure all possible collection methods are pursued. The law firm of Christopher L. Arrington, P.C., representing clients in the Indianapolis area, offers legal services specifically related to child support enforcement. Contact him to schedule a confidential consultation.