Becoming the primary caregiver for a child after divorce greatly increases the responsibility one parent must carry, not only in time and effort but also financially. These additional duties render the importance of regular child support payments a very high and necessary priority. If an ex-spouse fails to make payments on time or stops paying altogether, the lack of child support can be devastating to the financial resources of the primary custodial parent, so it is crucial custodial parents are aware of the enforcement options offered under Indiana law.
A father in Indiana was recently held in contempt of court for failure to pay child support, a charge that can potentially bring jail time. While the case was thrown out due to procedural issues, it still highlights the fact that there are consequences for not paying child support that are in place to help custodial parents get the child support order they are due. A review of the possible penalties for not complying with a child support order will be discussed below for the benefit of custodial parents concerned about enforcing a child support obligation.
Monetary Penalties
One of the primary ways to ensure a child support order is enforced is to ask the court to issue an income withholding order. This order is provided to the employer of the party obligated to pay child support, and it requires the employer to withhold the amount specified by the court, including arrearage, interest, and fees. The money is directed to the Indiana State Central Collection Unit (ISCCU) and then dispersed to the custodial parent. A court can add interest charges of up to 1.5 percent to child support obligations in arrears if requested by the custodial parent. If the non-custodial parent is under an income withholding order, the employer must send income derived from severance pay, bonuses, sick pay, vacation time, commissions, or any other lump sum payment to ISCCU to the extent necessary to satisfy overdue child support. Additionally, the custodial parent can petition the court to seize some or all of the non-custodial parent’s state tax refund if the amount in arrears is at least $1,500, and the custodial parent can show the child support order was intentionally violated.
Non-Monetary Penalties
Indiana has many non-monetary based penalties a court may use to compel payment. If a court determines the child support order was intentionally violated, it can hold the non-custodial parent in contempt of court. Once a court finds a non-custodial parent is in contempt of court, the non-custodial parent must appear to explain why the child support was not paid. If the non-custodial parent is not in a financial position to pay the back child support, the court can require him or her to complete community service or find a job. If the non-custodial parent ignores the court’s request for an explanation, the court has the option of issuing a bench warrant allowing the police to arrest him or her and force an appearance in court.
Courts can also order the suspension of various licenses in an effort to force compliance with a child support obligation. For willful violations of a child support order, courts can order the suspension of a non-custodial parent’s driver’s license, which will remain in place until a court finds sufficient effort to pay the obligation. Other types of licenses the court has the option of suspending or preventing issuance of include:
- Professional licenses for occupations like, attorneys, accountants, and doctors
- A horse or gaming commission license
- Insurance or bail agent license
- Employee permits related to alcohol and tobacco
Find an Attorney
Life as a single parent is hard, and not receiving the child support you need to care for your child magnifies this difficulty. In order to fully explore all the enforcement options allowed by law, it is advisable to retain an attorney with knowledge and experience in child custody matters. Christopher L. Arrington, Attorney at Law, P.C., offers representation on a wide variety of family law issues in the Indianapolis area. Call today to schedule a confidential consultation.