Divorced parents often depend upon the regular payment of child support to provide for all their children’s needs. The cost of raising a child increases every year, and trying to meet these rising demands without financial support of the other parent is nearly impossible for many. The law grants children the right to financial support from both parents until they reach adulthood, and the state has an interest in ensuring this money is paid to reduce the likelihood that the child will need public assistance for basic needs. However, the parent raising the child alone, as parents in arrears almost always disappear financially and physically, is commonly put in impossible positions and consistently struggles to make ends meet.

However, while the parent can rely on the state to pursue child support recovery on his or her behalf, being proactive and working independently with an attorney is more likely to get faster and more satisfactory results. A man from Hamilton County who abandoned his family in 1993 and was declared dead was recently ordered to pay his former wife $2 million in back child support. He assumed the identity of a friend’s dead son and eventually relocated to Florida where police were alerted to his deception by a relative of the dead son. Most parents do not go to this length to avoid support obligations, but the process to enforce compliance is the same, regardless of the circumstances. A discussion of the options a parent has to seek enforcement of a child support order will follow below.

Income Withholding Orders

If child support is established through the State Child Support Program or the child is receiving public assistance, an income withholding order is automatically required under Indiana law. This court order requires a payor’s employer to withhold and submit the required child support every pay period, or face fines. If child support is set through a traditional divorce case, though, an income withholding order may not be initially issued, but would be a standard first step in securing overdue support when the payee files a petition for enforcement. The severity of the court’s response will typically depend on the amount owed and whether non-payment was willful.

This point is noted because in addition to an income withholding order, Indiana law authorizes judges to suspend driver’s and professional licenses, impose monthly interest charges, and award attorney’s fees and costs, among other available remedies. However, one of the more powerful motivators to compel compliance with a child support order is to ask a court to hold a former spouse in contempt.

Contempt

An order of contempt is issued when a court determines that a person intentionally violated a court order, and is an option that parents receiving support should consider if attempts to negotiate or follow an agreed-upon repayment schedule are unsuccessful. When a violation of a court order is intentional, the judge has authority to order the person to appear and explain why a contempt order should not be issued. Being held in contempt brings the possibility of significant consequences, including jail time, and should be taken seriously. Typically, to avoid incarceration, the party in arrears will have to pay a certain percentage of the overdue support to the court as partial restitution for the arrears. In addition, the court can order the delinquent payor to perform community service or seek employment, especially if the unemployment is voluntary and solely to avoid fulfilling this obligation. Failure to respond to an order to show cause for non-payment will result in the court issuing a bench warrant for the non-payor’s arrest. An experienced family law attorney can advise on which options are more likely to produce the desired result.

Contact an Indiana Family Law Attorney

The payment of child support should never be in doubt, and if you are fighting with an ex-spouse to collect this money, talk to an experienced family law attorney about exercising your rights. Christopher L. Arrington, P.C. understands the financial constraints facing parents, and is available to help you get the money your child needs and deserves. Contact the Danville office to schedule an appointment.