CHILD SUPPORT DIVISION
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
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