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SHELBY COUNTY

PROSECUTOR'S OFFICE

Shelby County Indiana Court House Prosecutor Kent Apsley

Advocates for the People of Shelby County

James Landwerlen, Prosecuting Attorney

407 South Harrison Street | Shelbyville, Indiana 46176


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?Frequently Asked Child Support Questions? (FAQs)

 

HOW DO I SIGN UP FOR THE IV-D SERVICES IF I AM A SHELBY COUNTY RESIDENT?

 

If you are not on public assistance (TANF or Medicaid), there is a $25.00 fee, which must be paid when you sign up, by money order payable to the Department of Child Services. If you are on public assistance, that fee is waived.

 

When you sign up, we must have copies of your divorce decree or paternity decree and any modifications made since then. You will be asked to fill out a questionnaire; please answer all questions as completely as possible- this will better help us enforce your order and/or establish paternity and a child support order.

Please be aware that all TANF or Medicaid cases MUST cooperate with the child support office or your benefits could be sanctioned. This includes providing the office with requested documentation and address information.

 

WHY IS THE PROSECUTOR'S OFFICE INVOLVED?

 

Congress recognizes that some parents refuse to financially support their children. When this happens, the child suffers and the parent most often needs to ask the government for financial assistance through public welfare. This results in more welfare, higher taxes and a lower standard of living for the child. These are things our society wants to avoid. Due to almost every county in the U.S. having a prosecutor's office, Congress decided to have the prosecutor's assist custodial parents and/or the Department of Child Services in collecting child support.

 

IS THERE AN AGE REQUIREMENT TO COLLECT CHILD SUPPORT?

 

If the custodial parent is under the age of 18, they will need a relative or friend over the age of 18 who will act as a guardian for the case. The relative or guardian will need to co-sign all papers, as well as appear in court with the custodial parent.

 

HOW LONG WILL IT TAKE TO GET INTO COURT?

 

It takes about three to four weeks to get your file set up, reviewed, and the petition filed and then an additional 30-45 days to actually get into court.

 

WHAT WILL HAPPEN WHEN I GET THERE? DO I HAVE TO BE THERE, TOO?

 

For a Petition for Rule to Show Cause, as the custodial parent, you are not court ordered to be there initially. At these hearings, the Deputy Prosecutor will question the non-custodial parent about his or her income situation, employment, and financial status and make a recommendation to the court. Typically, the non-costodial parent will be ordered to reappear within 30-45 days and this office will recommend a finding of contempt if he or she is not paying support as ordered.

In paternity cases, petitions for support and petition to modify support, both parties must be at the initial hearing because the issues involve both parties and the welfare of the child in question.

 

HOW LONG DOES IT TAKE FOR MY CHILD SUPPORT TO START COMING?

 

There is no specific time frame within which the IV-D Office will be successful in collecting child support for you. It depends on the circumstances of the non-custodial parent and the information that you are able to provide for the office. If you know of an employer, and there is an existing child support order, it can be a fairly quick process, even as quick as 30-45 days. If you have very little information about the non-custodial parent, we may never be able to locate or enforce your order. We need as much information as possible, including address, social security number, and identifiers such as height, weight, hair color, eye color, date of birth and picture (if possible).

 

HOW WILL I GET MY MONEY?

 

All child support that is garnished from the payor’s pay check is paid through the State Collection Unit in Indianapolis, IN. When the payment is received by this Unit, the State would issue a check to the custodial parent and mail it to them. Child support payments may also be paid through the Shelby County Clerk’s Office. The Clerk’s Office will then send the payments directly to the custodial parent. If the custodial parent is on TANF then all child support payments will go to the State Child Support Bureau to reimburse the TANF received. Once the custodial parent is off of TANF then the child support payments will go to the custodial parent.

 

If the custodial parent is not on TANF then the child support payments received will be sent to the custodial parent until everything owed for the month is paid in full. The pay off order is as follows:

  1. Current child support due for month
  2. Any arrears owed to the custodial parent until paid in full, then to
  3. Any money owed to the State of Indiana

Money intercepted from tax refunds always goes to the State of Indiana if there is money owed first regardless if the custodial parent is currently on TANF.

 

THE NON-CUSTODIAL PARENT OF MY CHILD(REN) WORKS FOR CASH AND HAS NEVER HELD A JOB FOR OVER 3 MONTHS. HE HAS NEVER PAID A CENT ON HIS CHILD SUPPORT ORDER. CAN YOU HELP ME GET CHILD SUPPORT FROM HIM?

 

It is difficult to track down and enforce against such an irresponsible parent. However, it is not impossible. We use all means possible to get that person into court on a contempt citation. The courts can punish a payor for contempt in various ways, including incarceration. When punishments are ordered, we often see the payor change his attitude. They may even start to take a greater interest in their child(ren) when they accept responsibility for assisting with their support.

 

DO I HAVE TO LET THE NON-CUSTODIAL PARENT HAVE VISITATION WHEN CHILD SUPPORT IS NEVER PAID?

 

Yes, visitation is an entirely different issue than child support. A non-custodial parent can file a contempt citation for refusal of the custodian to permit or arrange visitation, just like a custodial parent can file a contempt citation for non-payment of support. If you have a good reason for not wanting visitation to occur, you should talk to a private attorney about filing a motion to modify the visitation order.

 

DOES THE “PATERNITY AFFIDAVIT” SIGNED AT THE HOSPITAL WHEN THE CHILD IS BORN ESTABLISH PATERNITY?

 

Yes, this document can be signed at the hospital within 72 hours. If not, the parents can go to the health department where their baby was born and sign the “Paternity Affidavit” together. However, it takes a court order to set child support and related issues.

 

WHAT IF I DON’T KNOW WHERE THE NON-CUSTODIAL PARENT IS?

 

We will make every effort to find him or her. This can be done with the help of the State’s Parent Locator Program or by investigative techniques available to us. Of course, any and all information you may have will help us in locating him or her.

 

WHEN IS AN ARREST WARRANT ISSUED?

 

A warrant may be issued if the non-custodial parent knows about the court hearing and fails to appear. A warrant (an official court document, signed by the Judge) must be issued before they can be arrested. (In other words, the non-custodial parent cannot be arrested simply because they are behind in child support payments. The Judge must issue a warrant for their arrest)

 

HOW CAN I GET MY CHILD SUPPORT INCREASED OR CHANGED?

 

We have written requests for modifications that must be filled out. The Deputy Prosecutor will review the case to see if a modification is warranted and then you will be notified. If a modification is warranted, this office will file the appropriate pleadings to request a hearing.

Please note that this court can only modify its own orders. If the child support order is from another county, that court has sole jurisdiction to modify it.

 

WHY DO I NEED TO SIGN UP FOR SERVICES IF I'M ONLY RECEIVING MEDICAID AND I DO NOT WANT CHILD SUPPORT?

 

If the child is on Medicaid this office is required to establish paternity for the child if not already established and to obtain a medical insurance order. This order would require either parent to obtain private medical insurance on the child(ren) if it becomes available at reasonable cost to them. This does not mean you have to withdraw from Medicaid.

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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