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SHELBY COUNTY

PROSECUTOR'S OFFICE

Shelby County Indiana Court House Prosecutor Kent Apsley

Advocates for the People of Shelby County

R. Kent Apsley, Prosecuting Attorney

407 South Harrison Street | Shelbyville, Indiana 46176


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CHILD SUPPORT DIVISION

Indiana Department of Child Services Award

Most Improved County

Child Support Enforcement

 State of Indiana

Child Support Bureau

Gratefully Acknowledges

The Efforts of

Shelby County

Most Improvement

FFY 2005 to FFY 2006

 Presented: June 14, 2007

 

The primary functions of the Child Support Division are to assist in:

  • Establishment of a court order for the payment of child support

  • Enforcement of existing court orders for the payment of child support

  • Establishment of paternity for children whose parents are not married

  • Locating absent parents whose whereabouts are unknown

Despite having a limited staff and around 2,000 open child support cases in Shelby County, the Child Support Division has been successful in enforcing and collecting child support.



 

Questions regarding child support may be answered by contacting the Child Support Division at (317) 392- 6442. Please be advised that this office cannot give payment information out over the telephone. You may come into the office to ask about a payment or you may call the state automated system (the Kids Line) at 1-800-840-8757 to see if a payment has been made.

 

WHO CAN GET HELP?

  • Any parent or person with custody of a child who needs help to establish a child support order

  • Any parent or person with custody of a child who needs help to collect support payments from the non-custodial parent

  • Any parent or person who needs help to establish the identity of a child's parents (paternity)

 

The Child Support Division represents the State of Indiana and is not permitted to act as your attorney; however, we may be able to assist you in the establishment, enforcement, or modification of child support orders.

 

The Child Support Division is not permitted to assist you in matters relating to divorce, custody, or visitation.

 

HOW IS THE SUPPORT ORDER ENFORCED?

 

The main purpose of the Child Support Enforcement Program is to make sure that child support payments are made regularly and in the correct amount. When the other parent doesn't pay the whole amount, or doesn't pay at all, enforcement action is required.

 

In reviewing the file to determine the best method of enforcement, the Child Support Division's first concern is establishing a regular payment plan for ongoing support. Collection of arrearages is the secondary concern. Picking the best method of enforcement is based on all the information about your case, such as past payment history, the date when the last payment was received, where the other parent is located, how much money he/she makes and what kind of assets he/she has.

 

The Child Support Division will try to get the other parent to pay voluntarily. If they are unable to do so, options are available, including:

 

Contempt of Court - If the court finds that a person is delinquent in the payment of child support as a result of an intentional violation of an order for support, the court may find the person in contempt of court. As a result of this finding, the Court has the authority to commit the person to jail. While this is a civil and not a criminal proceeding, and does not result in a conviction, the threat of incarceration often operates as a strong incentive to pay the ordered support.

 

Income Withholding - As required by Indiana law, the Child Support Division will seek to obtain a wage withholding order to withhold child support from the paying parent's wages. The paying parent will always be required to report to our office within 48 Hours of any change in address or employment.

 

Tax Intercept - Anyone who has made application for our program is eligible for the tax intercept program so long as the arrearage requirements are met ($150.00 for TANF and $500.00 for Non-TANF) The Tax Intercept Program authorizes the interception of federal and state income tax refunds and lottery winnings of the delinquent parent. The state will retain a minimal fee, never greater than $25, for an intercepted tax refund.
Please be advised that there is no guarantee that this money will be received by the custodial parent. This office does not have the ability to check and see if a tax return was filed by the non custodial parent nor can we make them file a tax return. Further this office is unable to give out any tax information due to Federal Regulations.

 

Interstate Enforcement - The Child Support Division will go across state lines to request the enforcement of child support orders in another state when the child lives in Shelby County. Full cooperation and assistance is offered to other states, who are strongly encouraged to provide reciprocal enforcement of child support orders.

 

Professional and Driver's License Suspension - Under Indiana Code 12-17-2-34(C), if the non-custodial parent is delinquent in the payment of child support by at least $2,000 or has a three (3) month child support arrearage, his/her driver's license can be suspended.

 

Under Indiana Code 31-1-11.5-13(k), when a court finds that a non-custodial parent who is an attorney, licensed teacher, or practitioner is delinquent in the payment of child support as a result of an intentional violation of a child support order, the court shall issue an order to the board regulating the practice of the person's profession, requiring suspension or prohibiting the board from issuing a license.

 

Criminal Charges - The Child Support Division will make every effort to exhaust all civil remedies available to us in order to enforce and collect the child support arrearage. If this is unsuccessful, criminal charges may be appropriate. Indiana Code 35-46-1-5 provides that a person who knowingly or intentionally fails to provide support to a dependent commits Non-Support of a Dependent Child, a Class D felony. It is a Class C Felony if the amount of unpaid support due and owing is at least $15,000. A Class D Felony is punishable by up to three (3) years imprisonment and/or a fine of up to $10,000. A Class C Felony is punishable by up to eight (8) years imprisonment and/or a fine of up to $10,000. It is a defense to the crime of Non-support of a Dependent that the person was unable to provide support.

 

Car Liens - If the non-custodial parent owes $1000 or more, the state will submit their name to the Bureau of Motor Vehicles (BMV) to place a lien on any vehicle that he or she may purchase. This means they cannot sell the vehicle without the profit going toward back child support. Some vehicles may be sold at auction to pay the back support. Again is not guaranteed that any money will be collected.

 

Credit Bureaus - If the non-custodial parent owes $1000 or more, this office may also submit their name to credit bureaus around the country. This would mean that if they try to make a large purchase such as a house or car, their credit rating will show that they owe back child support. Most likely, they will be declined for a loan; however, we cannot guarantee it.

 

HOW IS PATERNITY ESTABLISHED? - The first step is to gather the facts at the paternity interview. Due to the sensitive nature of paternity establishment, some of the questions during the interview may be personal. These questions will be facts about the relationship between the mother and the alleged father, the pregnancy, the birth and birth expenses of the child, and employment. A picture of the alleged father with the child is helpful as well as any other evidence of acknowledgment of the child, such as through letters or gifts.

 

Before a child support order can be established for a child, the alleged father must either admit or be proven to be the child's father. A popular and effective tool used to prove paternity is genetic testing. Our office prepares all of the necessary paperwork and legal documents and handles all of the scheduling for DNA-testing at the request of the alleged father, the mother or when ordered by the judge.

 

The father can acknowledge his paternity by signing a written admission at the hospital when the child is born. However, you must contact our office to establish a support order even if the father acknowledges paternity at the hospital. While it is best to establish paternity soon after the child's birth, our office is bound to try to establish paternity for any child up to the child's twentieth birthday.

 

The establishment of paternity affords your child legal rights and privileges that belong to any child born within a marriage. Among these are rights to inheritance, rights to the father's medical and life insurance benefits, and to social security and veteran's benefits when available.

Terms: “Custodial parent” - the parent with whom the child lives.

“Non-custodial parent” - the person who is to pay child support.

 

For Answers to common questions click here to see our page
? Frequently Asked Questions ? (FAQs)

Contact Us


Prosecuting Attorney

Courthouse

407 S. Harrison St.

Shelbyville, IN 46176


Office Hours:

Monday - Friday

8:00 AM - 4:00 PM

Closed Noon - 1:00 PM

for lunch.


(317) 392-6440

Criminal Division

Room 30


(888) 387-2352

Criminal Division


(317) 398-8847

Criminal Division Fax


(317) 392-6442

Child Support

Room 16


(317) 392-0956

Child Support Fax


Confidential Drug

Tip Hotline

(317) 398-CALL

(398-2255)


Confidential Drug

Tip Email

drugtip@co.shelby.in.us

or click here to use our confidential form.


 

 

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