Child support is a touchy subject for many parents due to commonly conflicting views on the adequacy of the amount provided versus the way the money is spent. However, once this obligation is established by a court order or through an administrative order with the Child Support Program, part of Indiana’s Department of Child Services, a parent becomes subject to a number of provisions designed to compel payment or face serious consequences. This support is central to a child’s well-being, and parents should make every effort to provide regular financial assistance.

If a parent does fall behind, a court has a number of options at its disposal to coerce compliance. A recent Indiana appeals court decision reveals that there are limits to the types of penalties a court may impose when a parent is delinquent on child support payments. The appeals court ruled that sentencing a mother with a child support arrears of $15,296 to almost three years on work release was excessive, and was more than the mother would have received if convicted of a Level 6 felony for non-support of a dependent child. Consequently, the sanction was punitive, instead of coercive, and was not supported by the law. A discussion of the methods of enforcement for child support, particularly contempt orders against parents in arrears, will follow below.

Income Withholding Order

Unless there is compelling evidence otherwise, a court typically issues an income withholding order in conjunction with a court order that establishes or modifies child support. Income withholding orders are the standard first attempt to secure regular and consistent child support from an obligated parent, and require the parent’s employer to automatically deduct the court-ordered amount from wages/salaries for submission to the state’s central collection unit for dispersal. However, this collection measure is only effective if a parent has sustained employment, and does nothing to address parents that frequently change jobs, have multiple sources of income, or become unemployed.

Contempt

The most direct method of compelling compliance with a child support order is for the parent seeking enforcement to file a petition with the court to hold the delinquent parent in civil contempt. A court can hold a delinquent parent in contempt if there is evidence the non-payment is intentional and willful. In other words, the court must determine the parent has some ability to pay, but has deliberately chosen to withhold the money. If the violation of the child support obligation is found to be intentional, the court can impose incarceration (usually up to 180 days), fines and the payment of the other parent’s legal fees. Further, courts routinely give the delinquent parent the option of avoiding jail by paying a lump sum amount, called a purge order, as well as lifting the contempt order. Note that courts must keep the amount of a purge order in line with what a parent can realistically pay, or, similar to the case mentioned above, the penalty could be considered punitive and not coercive.

Other Remedies

In addition to contempt orders, the court can also issue orders that:

• Place a lien on the obligated parent’s personal or real property, which the parent receiving support can use to force a sale and receive the proceeds;
• Suspend the parent’s driver’s or professional license; or
• Seize the parent’s income tax refund.

Further, the state does have the option of pursuing felony criminal charges for intentional non-payment of support, which can bring considerable jail time and fines.

Get Legal Advice

A child support obligation is a serious matter that needs to be quickly addressed if problems arise. Whether you are struggling to pay support, or need to enforce a standing order, an experienced family law attorney can help you get the relief you need. Christopher L. Arrington is a family law attorney in Danville that handles all issues related to child support – establishing, modifying, enforcing, and terminating. If you have questions or concerns about child support, contact his Danville office today to schedule an appointment.