Getting Your Child Support
While it can be easy to get a child support order, it is not always easy to collect it. Unfortunately, not all parents pay their child support as ordered. However, there is help for collecting the child support that is owed to you.
You can get help collecting your child support through the Child Support Division of the Wayne County Prosecutor’s Office or a private attorney. You also can take some enforcement actions on your own in order to collect your child support.
One of the most common ways to enforce a child support order is to file a contempt citation with the court that issued your child support order. A contempt citation asks the court to order the other parent to appear and show cause why he or she is not paying child support as ordered. You can file a contempt citation on your own through the Wayne County Clerk’s Office, or the Child Support Division can file a contempt citation for you. A parent facing a contempt citation can be ordered to serve up to 180 days in the Wayne County Jail if the court finds him or her in contempt for not paying child support as ordered. If the parent fails to appear for a contempt citation as ordered, the court can issue a writ of body attachment for his or her arrest.
The Child Support Division also has other tools to help you collect your child support. We can send delinquency letters, issue income withholding orders to garnish a parent’s paycheck, intercept federal and state income tax refunds, suspend driver’s licenses, place liens on vehicles, suspend professional licenses, seize bank accounts, and suspend passports of parents who owe child support.
If a parent who owes child support lives in another state, the procedures for collecting child support may be different. If the Child Support Division cannot enforce the child support order directly through an income withholding order, we may ask the other state to help us enforce your child support order. Interstate enforcement actions can take a longer time to process than actions against parents who live in the state of Indiana.
In some cases, where other types of enforcement actions have failed, the Wayne County Prosecutor’s Office can file criminal charges against a parent for Nonsupport of Dependent. This crime is a Class D or Class C felony under Indiana law, depending on the circumstances.
Vehicle Liens and Child Support
Why is there a lien on my vehicle for child support?
The State of Indiana automatically places liens on the vehicles of parents who have a child support arrearage over $1,000 or who have not made a child support payment for three months. A lien is a legal notice of financial interest in a piece of property. When the State places a lien on your vehicle, it notifies the BMV that the State has a financial interest in the vehicle because you owe back child support that the State is trying to collect. A lien prevents you from selling, trading, or otherwise transferring your vehicle to another person.
How do I get the Child Support Division to release the lien on my vehicle?
The Child Support Division must give authorization to the State of Indiana to release the lien. Once the Child Support Division notifies the State that the lien should be released, the State will mail the vehicle title or lien release to the first or second lien holder, or to the owner of the vehicle.
What do I have to do to get the lien on my vehicle released by the Child Support Division?
The Child Support Division requires that you make at least four weekly child support payments, or a lump sum equal to one month’s worth of child support payments. If you make these payments, the Child Support Division will release the lien on your vehicle.
The Child Support Division released my lien but I never received the title. How can I get my title?
First, make sure that your mailing address is correct with the Child Support Division. Next, you can call the Central Enforcement Unit of the Indiana State Child Support Bureau at (317) 234-5700 for help with getting your title.
The Child Support Division released my lien, but the BMV says I have more than one lien. What do I do?
If you owe child support in more than one county, you may have more than one lien on your vehicle. You will have to ask both counties to release their liens before the State will release your title to you.
I have been paying my child support, so why did the State put a lien on my vehicle?
If you owe more than $1,000 in back support, the State automatically will place liens on your vehicles, even if you are paying toward your current support obligation and back support. Contact the Child Support Division to have your lien released.
Will the State take my vehicle if I’m not paying my child support and it has a lien on it?
No. If you don’t make payment arrangements with the Child Support Division in order to have your lien released, the State will not take your vehicle. The lien simply will remain on your vehicle until the Child Support Division authorizes its release.
Can’t the Child Support Division just give me a letter to take to the BMV in order to have the lien released?
No. The Child Support Division has to notify the State in order to have the lien released and the vehicle title sent to you.
Calculating Child Support in Indiana
How is child support calculated in Indiana?
Child support is calculated according to the Indiana Child Support Guidelines, which are laws that courts must follow when they order child support. A child support calculation under the Guidelines involves many different factors:
- Both parents’ gross weekly incomes
- Whether each parent has other children, and the age of those children
- The amount of any health insurance premiums that either parent pays
- The amount of any daycare expenses that either parent pays
- The number of overnights that the noncustodial parent spends with the child each year
What does the court use for my income if I am not working in order to calculate child support?
If you are unemployed, but you do not have a disability that prevents you from working, the court will impute minimum wage for you in the child support worksheet, which is currently $290 per week, or $7.25 per hour times a 40 hour work week.
Do I have to pay child support if I am receiving disability?
Maybe. If you are receiving regular Social Security Disability benefits, you will have a child support obligation. However, if your child receives a direct benefit from the Social Security Administration, it will count as a credit toward your child support obligation. If the amount your child is receiving is greater than your child support obligation, then you will have a zero child support order.
Do I have to pay child support if I am receiving SSI?
If you are receiving Supplemental Security Income (SSI), you will have a zero child support order. SSI is a welfare program for disabled persons who do not qualify for regular disability benefits. Therefore, SSI does not count toward your income, and it cannot be garnished for child support payments.
My child support order is based on my gross income. What is gross income?
Gross income is your income from all sources , including employment, social security benefits, unemployment compensation, and workmen’s compensation benefits. Gross income does not include Supplemental Security Income (SSI), Temporary Aid to Needy Families (TANF), or food stamps.
My child’s father pays support for an older child. How come that child receives more child support than I do for my child?
The Indiana Child Support Guidelines provide for a larger support order for a support payor’s oldest child than for any subsequent children. This recognizes the fact that a family’s expenses for a first child are usually higher than for a subsequent child.
Is there a minimum child support order in Indiana?
No. Indiana law does not provide for a minimum child support order. A court can order any amount of weekly child support, including zero, so long as the order is based on the Indiana Child Support Guidelines.
My friend receives twice as much child support for her child as I do for my child. Why don’t we receive the same amount of child support?
Every child support case is different. Child support orders are based on a number of factors. Differences in these factors, such as the parties’ incomes or daycare expenses, often can explain any differences in child support orders from one person to the next.
My two step-children live in my home. Do I get credit for them on the child support worksheet?
No, you can only get credit for your biological or legally adopted children under the Indiana Child Support Guidelines.
Emancipation and Your Child Support in Indiana
How long do I have to pay child support in Indiana?
In the state of Indiana, child support orders last until a child turns 19, unless you get a court order of emancipation for the child before he or she turns 19.
When can a court can emancipate a child before the age of 19?
A court can emancipate a child if he or she is married or has joined the military. A court also can emancipate a child if he or she is not under the care or control of either parent or a guardian, or is at least 18, has not attended school for the past 4 months, and is capable of supporting himself or herself through employment.
How do I file for emancipation of my child?
You must fill out a petition for emancipation form in the Wayne County Clerk’s office. You also will have to fill out a summons form to give notice to the child’s other parent, which includes the parent’s current address. You have to give proper legal notice to the other parent in order to have your child emancipated.
Do I have to go to court to emancipate my child?
No, unless you want to emancipate your child before the age of 19. If you choose to file a petition for emancipation with the court, you will need to make sure that the court schedules a hearing date. The court cannot hold a hearing unless the other parent of your child appears or is legally served or given notice of your emancipation petition.
My child is emancipated. Do I still have to pay back support?
The court should make decisions about any back support that you owe at the time of your emancipation hearing. You typically do have to continue making payments toward any back support that you still owe at the time your child is emancipated, unless a court orders otherwise.
Is my child emancipated if he or she is convicted of a crime and goes to prison, or if he is placed by a court in a juvenile detention or treatment facility?
You must file a petition for emancipation with the court, who will then decide whether your child is emancipated in this situation.
Do I have to still pay child support if my child isn’t living with his or her other parent?
You usually still have to pay child support as long as you have an order to do so. If your child does not qualify for emancipation, however, and he or she is living with another relative or person other than a parent, you can file a petition with the court to change the payee for your support payments.
I pay child support for two children with my ex-wife. One child is now 19. Will the amount of my child support order go down?
It is possible that your child support order will decrease if the court finds that one child is emancipated. You will need to file a petition to modify support in order to try and lower your child support order in this situation.
If my child is already 19, do I have to emancipate my child to stop child support?
No. Your child support obligation automatically stops when your child turns 19. If child support payments are still being garnished from your paycheck after your child turns 19, the payments will go to any back support that you still owe.
Enforcing Your Child Support Order in Indiana
How can I enforce my child support order?
You can enforce your child support order by opening a case with the Child Support Division, hiring a private attorney, or filing paperwork with the Court without the assistance of an attorney. There are several different ways that the Child Support Division can help you enforce a child support order, including delinquency letters, contempt citations, income withholding orders and interception of income tax refunds.
If your child receives TANF, Food Stamps, or Medicaid, the Child Support Division’s enforcement services are free. If your child does not receive any form of public assistance, you must pay a one-time $25.00 fee, which should be made payable in money order form to “Indiana State Child Support.”
Can child support be garnished from the parent’s paycheck?
Indiana law requires that all child support payments be garnished from a parent’s paycheck through an income withholding order. You can report the parent’s place of employment to the Child Support Division, or they may be able to find a place of employment in one of their databases. Once the Child Support Division knows the parent’s place of employment, they will send out an income withholding order.
What is a contempt citation?
A contempt citation orders a parent to come into court because he or she has failed to pay child support as ordered. You can file contempt through the Child Support Division, a private attorney, or on your own in the Wayne County Clerk’s office.
How does the Child Support Division handle contempt citations?
The first time that a parent receives a contempt citation, the Child Support Division asks the parent to sign an Agreed Order, which orders him or her to appear in court each week in which support is not paid.
If the parent fails to comply with the Agreed Order, the parent may face up to 180 days of incarceration. In this case, the law requires that the parent be appointed an attorney if he or she cannot afford one.
Can a parent’s driver’s license be suspended if he or she fails to pay child support as ordered?
If a parent owes more than $2,000 in child support, the Child Support Division can suspend his or her driver’s license in order to make the parent pay support.
How else can the Child Support Division collect child support besides filing a contempt citation or suspending driver’s licenses?
The Child Support Division may be able to intercept federal and state income tax refunds, lottery winnings, and money in bank accounts from parents who owe child support arrearages. The state also places liens on the vehicles of parents who owe more than $1,000 in child support arrearages, and suspends the passports of those who owe more than $2,500 in child support arrearages.
Can a parent be charged with a crime for failure to pay child support as ordered?
Yes. A parent may be charged with Nonsupport of a Dependent for failure to pay child support, which is a D felony under Indiana law. If the parent owes more than $15,000 in child support arrearages, he or she may be charged with a C felony.
Can I enforce a child support order against a parent who lives out of state?
Yes, but the procedures are different for a parent who lives out of state. The Child Support Division cannot file a contempt citation in order to enforce a support order against a parent who lives out of state. However, under Indiana law, there are ways that the Child Support Division can still enforce your support order. The Child Support Division must ask the state in which the parent lives to register the support order and enforce it. As a result, the interstate enforcement process may take much longer than the regular enforcement process.
Establishing Paternity for Your Child in Indiana
What does it mean to establish paternity in Indiana?
Establishing paternity means to name a legal father for a child born out of wedlock. Paternity proceedings also can decide important matters such as custody, parenting time, child support, medical coverage, and your child’s surname.
How can I establish paternity for my child in Indiana?
The mother and father can sign a paternity affidavit, either at the hospital within 72 hours (3 days) of the child’s birth, or at the local health department up until the child reaches 21 years of age. You will not be entitled to paternity testing for the child if you sign a paternity affidavit, unless you ask for testing within 60 days of signing the affidavit.
If you don’t sign a paternity affidavit, parents can have paternity established through the court system. This is the only option for paternity establishment that allows you to have paternity testing for the child. These court proceedings will set up custody, visitation, and child support orders for the child.
Do I have to have a paternity test in order to establish paternity?
No. However, if either party asks for a paternity test during the court proceedings, the Court has to order that all parties have a paternity test. Genetic testing is done in the Child Support Division, and costs $69.00 for one child to be tested. The party asking for testing usually will have to reimburse the State of Indiana for the costs of genetic testing.
How do I establish paternity through the court system?
You can fill out an application for paternity in the Child Support Division office. You need to provide detailed information about the other parent, and a copy of your child’s birth certificate and Medicaid card. Once your application is processed, you will receive court papers to appear in court. At the court hearing, the father either can ask for DNA testing or admit paternity.
How much does it cost to establish paternity?
If your child receives TANF, Medicaid, or Food Stamps, the Child Support Division’s services are free. If your child does not receive any form of public assistance, you must pay a one-time $25.00 fee, which must be made payable in money order form to “Indiana State Child Support.” If you have DNA testing in your case, you will be charged a separate fee.
How much child support will the Court order for my child?
Child support is calculated according to the Indiana Child Support Guidelines. The Guidelines take into consideration many different factors, such as the number of children, work-related daycare expenses, both parents’ gross incomes, other child support obligations of each parent, and the cost of health insurance premiums. Every case is different, and will have a different amount of child support ordered.
Do I have to establish paternity through the court system?
If your child receives TANF, you must establish paternity for your child through the court system. If your child receives TANF, you are required to obtain a child support order for your child. If you do not cooperate, the Child Support Division can sanction your benefits. However, if you do not receive TANF, you are not required to establish paternity through the court system.
How do I get the Child Support Division to remove a sanction for noncompliance with the paternity establishment process?
You must fill out the appropriate application with the Child Support Division and provide all of the necessary information to the best of your ability. Once your application is processed, a Child Support Division caseworker will release your sanction by sending a request to the Division of Family Resources.
Income Tax Refunds and Back Child Support
What is the federal and state tax offset program for child support?
Federal and state law permits the state to intercept the federal and state income tax refunds of any parent who owes a certain amount of back child support. The state then applies the full amount of the refund to the child support case. If there is any money from the tax refund left over after paying the back child support, it is refunded to the parent who should receive the tax refund.
How much does a parent have to owe before I can get his or her federal tax refund?
If a parent owes more than $150.00 to the state for past public assistance drawn for the child, or more than $500.00 to the other parent, the state submits the case to the federal tax offset program.
How much does a parent have to owe before I can get his or her state tax refund?
If a parent owes more than $150.00 in back child support, the state submits the case to the state tax offset program.
How can I submit my child support case for federal and state tax offset?
You can have your child support case submitted for federal and state tax offset by opening a case with the Child Support Division. Once your case is open, there is nothing further that you need to do to be in the federal and state tax offset program.
If your child receives TANF, Food Stamps, or Medicaid, the Child Support Division’s enforcement services are free. If your child does not receive any form of public assistance, you must pay a one-time $25.00 fee, which should be made payable in money order form to “Indiana State Child Support.”
Will I get notice if my federal or state tax return has been intercepted to pay back child support?
Yes. You will receive a pre-offset notice that tells you that your case has been submitted for federal tax offset. After the intercept occurs, you will receive another notice about your federal tax refund being applied to your back child support. You also will receive a notice from the Indiana State Child Support Bureau that your state tax refund is being intercepted to pay back child support.
If I am owed child support, will I get notice that I am going to receive the other parent’s tax refund?
No. Any information about the other’s parent’s tax refund is confidential. Neither you nor the Child Support Division will receive any notice until you receive the payment.
How long will it take for my tax refund intercept to apply to my child support case?
It can take several weeks, and even months in some case, for your tax refund intercept to apply to your child support case. Once the Indiana State Child Support Bureau receives the tax refund, it will hold it for a certain period before releasing it to the other parent. If you have filed a joint income tax return with your current spouse, the State will hold your tax refund for five months in order to give your spouse a chance to claim his or her share of the refund. If you have not filed a joint income tax return, or if your current spouse has filed for his or her share of a joint tax refund, then the State will only hold your refund for 29 days.
How does my current spouse get his or her portion of the joint income tax refund that has been intercepted for my back child support?
Your current spouse must contact the Centralized Enforcement Unit of the Indiana State Child Support Bureau at (317) 234-5700 in order to get his or her share of your joint state income tax refund. In order to get his or her share of your joint federal income tax refund, your current spouse will have to file an injured spouse form with the IRS.
Do intercepted tax refunds apply to current support?
Federal tax refunds that have been intercepted apply to back child support only, and state tax refunds apply to both current and back child support.
Medical Support Orders
What is a medical support order?
A medical support order is a court order for parents to provide medical insurance coverage for their children and to pay medical bills not covered by Medicaid or any other form of insurance.
What if I don’t have medical insurance through my employer?
A medical support order only requires a parent to provide medical insurance for his or her child if it is available through his or her employer at a reasonable cost. If a parent’s employer does not provide medical insurance for its employees, the parent does not have access to insurance for his or her child.
What if I can’t afford to pay for medical insurance through my employer?
A medical support order only requires a parent to provide medical insurance for his or her child if it is at a reasonable cost. The law states that insurance premiums are reasonable only if they are less than 5% of a parent’s gross income.
Do I have to get a medical support order?
If you request a child support order for your child, the court will automatically enter a medical support order, as well. In some cases, even where there is no child support ordered, the state will require you to obtain a medical support order.
Will it cost me anything to get a medical support order?
If your child is receiving TANF, Medicaid or food stamps, there is no charge for services through the Child Support Division. If your child does not receive any type of public assistance, there is a one-time fee of $25.00 to receive services from the Child Support Division.
Do I have to take my child off Medicaid if I get a medical support order?
No. Even if you have no access to private medical insurance, you are not required to take your child off Medicaid. If you do have private medical insurance through your employer, your child still can receive Medicaid as secondary coverage so long as your child is eligible for Medicaid coverage.
What happens if I do not cooperate with the Child Support Division in getting a medical support order?
If you do not cooperate with the Child Support Division in getting a medical support order, the DFR will never sanction or take away your child’s Medicaid benefits. However, if you don’t cooperate in getting a medical support order, the Child Support Division may still file a medical support petition against you and your child’s other parent, with or without your cooperation.
Does a medical support order require that I get dental and vision coverage for my child?
The primary concern of a medical support order is to provide medical insurance coverage for the child if it is available. However, if the dental and vision coverage is available at a reasonable cost, your medical support order may require you to get it.
How does the court decide which parent is responsible for medical expenses not covered by insurance or Medicaid?
The child support worksheet calculates the division of uninsured medical expenses between the parents. Normally, the custodial parent must pay a certain amount of uninsured expenses each year, while any other expenses beyond that amount in that year are divided between the two parents.
Paying Child Support in Indiana
Where do I make my child support payments?
You can make support payments in cash at the Wayne County Clerk’s Office, which is located on the second floor of the Wayne County Courthouse. The Clerk’s Office will not accept personal checks, money orders, or any payment other than cash.
Payments in the form of a personal check, cashier’s check, or money order must be sent to the Indiana State Central Collection Unit (INSCCU), PO Box 7130, Indianapolis, IN 46207-7130. These payments must be made payable to INSCCU.
You must include certain information when sending a payment to the INSCCU, including your name, address, phone number, social security number, payment amount, custodial parent’s name, court cause number, and ISETS case number. For questions, you can call INSCCU at (317) 233-5437 or (800) 840-8757.
You also can pay child support by using a Mastercard, Visa, Discover, or American Express credit card, or by using any debit card. Payments can be made at the following website: www.childsupportbillpay.com/Indiana
You also can pay child support using a credit card by telephone by calling 1-855-972-9427. You will be charged a convenience fee of 2.25% of the total payment paid.
When do I begin making my child support payments?
After you have gone to a court hearing or signed an agreement to pay child support, the judge will issue an order for you to pay child support. You should begin making payments on the date that your order states you are to begin making payments. Payments should be made at least once a week, unless your order says otherwise.
How do I change my address?
It is your responsibility to keep your current address updated with the INSCCU or the Wayne County Clerk’s Office. You can change your address by showing a picture ID and filling out an address change form in the Wayne County Clerk’s Office, or by calling INSCCU.
Can I have child support payments taken out of my check?
If you are employed, Indiana law requires that the Child Support Division send an Income Withholding Order to your employer in order to garnish your child support payments from your paycheck.
Whenever you start a new job, it is your responsibility to contact the Child Support Division with your new employer’s name, address, and telephone number.
Until you see a deduction on your paycheck stub for child support, you should continue to make payments to the Wayne County Clerk’s Office or to INSCCU.
My employer is taking more money from my check for child support than I am ordered to pay. What can I do?
You should contact the Child Support Division if you feel that your employer is taking too much money from your paycheck. However, if you owe a large amount of back child support, the State can automatically deduct additional amounts from your check to apply to your back support.
My employer isn’t taking my full child support payments out of my check. What can I do?
Your employer can only garnish a certain percentage of your disposable income for child support. If you do not work enough hours, your employer may not be able to deduct your whole payment. If this happens, you are still responsible for the entire support payment ordered by the court. You can pay the remainder of your payments in cash at the Wayne County Clerk’s Office or by check or money order to INSCCU.
What happens if I cannot pay my child support?
You should contact the Child Support Division right away to explain why you cannot make your child support payments. If you don’t pay for some time, the Child Support Division will take action against you to enforce your child support obligation. For example, you may have to appear in court for a contempt citation for failure to pay child support.
Public Assistance and Child Support
What is public assistance, and what does it have to do with child support?
Public assistance is any type of benefits received through the Division of Family Resources (DFR), including Temporary Aid to Needy Families (TANF), Medicaid and food stamps. When you apply for TANF, the form that you sign states that you must cooperate with the Child Support Division. Your DFR caseworker may advise you to come to the Child Support Division and fill out an application, or you may receive a letter from the Child Support Division to come in and fill out an application.
Do I have to establish paternity if I receive public assistance?
Yes. If you have not already established paternity for your child, you must do so if you receive TANF, but you don’t have to if you only receive Medicaid or food stamps.
Do I have to get a child support order if I receive public assistance?
Maybe. If you receive TANF, or monthly cash benefits for your child, you are required to get a child support order for your child. If you do not receive TANF, but your child does receive Medicaid or food stamps, you are not required to get a child support order.
Can I receive both child support and TANF for a child?
No. You either can receive monthly TANF benefits for your child, or you can receive your child support payments for your child. If you choose to receive TANF in a certain month, any child support that is paid for that month will go to the state to repay the TANF that you received.
What happens if I don’t show up at a child support or paternity hearing when I am receiving TANF?
The Child Support Division will request that the DFR sanction your TANF, or cut off your benefits. In many cases, the court even will go ahead and hold the hearing without you. If there are issues in your case that you want to discuss with the Court, then you should be sure and show up at the hearing.
What happens if I don’t fill out an application with the Child Support Division when I am asked to do so?
If you do not cooperate with the Child Support Division by filling out an application, the Child Support Division will request that the DFR sanction your TANF benefits. This means that the DFR will take away your TANF. However, the DFR will not sanction your child’s Medicaid coverage.
Does it cost anything to fill out an application with the Child Support Division?
If you or your child are receiving TANF, Medicaid or food stamps, there is no fee to fill out an application with the Child Support Division.
If I am sanctioned for not cooperating with the Child Support Division, how can I get the sanction released?
You must fully cooperate with the Child Support Division in order to have your sanction released. Cooperation may include filling out an application, naming a father for your child, providing an address for your child’s other parent, signing any required legal documents, and appearing at court hearings as ordered.
Modifying Your Child Support Order
Can I get my child support order changed?
Whether you can have your child support order changed depends on your situation. In order to qualify for a child support modification, you must prove:
- that there has been a substantial change in circumstances that makes your current support order unreasonable, or
- that your new support order would be more than 20% different that your current support order, and it has been at least one year since the last modification to your support order.
Calculating child support involves many different factors, including both parents’ incomes, daycare expenses, and the number of overnight visitations.
How do I get my child support order changed?
You must file a modification petition for the court to consider changing the amount of your child support order. You can do this in two ways:
- File a modification petition on your own through the Wayne County Clerk’s Office
- File a modification application with the Child Support Division
If you choose to file a modification petition on your own, you are responsible for making sure that the other parent receives proper service, scheduling a court date, and completing a new child support worksheet for your hearing.
If you file through the Child Support Division and your case qualifies for a modification, your caseworker will process the modification petition and all other paperwork for you. The deputy prosecutor for the Child Support Division will appear with you in court and present the new child support worksheet at the hearing.
What happens if I apply for a child support modification through the Child Support Division?
Your caseworker will get information from the other parent about his or her income, number of children, other support orders, daycare expenses, healthcare expenses, and overnight visitation. Once your caseworker receives this information, she will calculate your child support obligation and evaluate whether your case is eligible for modification.
Do I have to go to court to change my child support order?
Yes. After your modification petition is filed and the other parent receives service, or notice, of your petition, you will receive a court hearing date.
How long does it take to get my child support order changed?
It depends. If the other parent is not cooperative in providing his or her information for the modification, the caseworker will have difficulty evaluating whether your case is eligible for modification. Once the petition for modification is filed with the court, the other parent must be properly served with notice of the petition at his or her address. A court hearing date will not be scheduled until at least 20 days after the other parent receives notice. If the other parent does not receive notice, a hearing cannot be scheduled or held. The court has a busy schedule, so it can be several months before your modification hearing is scheduled.
Am I eligible for modification of my child support order if I am incarcerated?
Yes. Under current Indiana law, child support must be calculated on your current income, even while you are incarcerated. Therefore, the court is likely to reduce your child support obligation to zero or a minimal amount such as $1.00 per week. However, you will still be responsible for any back child support that you owed prior to your incarceration. In many cases, your support order will immediately go back to the regular amount once you are released from jail or prison.
Will my modified child support order be retroactive to the date that I filed my petition for modification?
Under local court rules, a modified child support order is not effective until 60 days after the date that you filed your petition for modification of child support with the court.
Interstate Child Support Cases
Can I get child support from my child’s other parent if he or she lives in a different state?
Yes. However, the procedures may take longer and may be different than if both parents were living in the same state.
What is the procedure for establishing paternity or a child support order against a parent who lives out of state?
The Child Support Division will file the appropriate paperwork with the court, and will attempt to legally serve or give notice to the other parent in the other state. That parent must sign for a certified letter in order to be served, or be personally served by a police officer. If the parent is properly served, the court then will establish your order at a court hearing.
However, if the Child Support Division cannot properly serve the other parent, your case must be sent to the other state to establish paternity or support pursuant to the Uniform Interstate Family Support Act (UIFSA). You will have to fill out several pages of paperwork in order for your case to be sent to the other state. It can take several months to establish paternity or get a support order through the UIFSA process.
Can I enforce a child support order against a parent who lives out of state?
Yes. However, the procedures may take longer and may be different than if both parents were living in the same state. Since the parent lives out of state, the court does not have power to order that parent to appear in court for not paying his or her child support. If the Child Support Division is unable to get the parent to start paying by sending a delinquency letter or a wage garnishment order, your case must be sent to the other state for enforcement under UIFSA. This can be a very lengthy process.
I have a child support order from another state. Can Indiana enforce my order?
Yes. The Child Support Division will send paperwork to the other state asking that they enforce your support order and send your payments through the state of Indiana.
Can I modify my support order if the other parent lives out of state?
Yes. If the other parent cooperates with the modification process, your order can be modified in court in Indiana. If, however, the Child Support Division cannot serve or get information from the other parent, they may have to ask the other state to file the modification in your case, which can take a long time.
If my case has been sent to another state, how quickly can I expect to hear something?
It can be several months before you hear anything from the other state, or before a court date is set in the other state. The Child Support Division never expects to hear anything from the other state for at least three months after sending them paperwork about your case.
I have a child support order in Ohio, but I live in Indiana, and my child’s other parent lives in Kentucky. How can I enforce my support order?
Under the Uniform Interstate Family Support Act (UIFSA), the Child Support Division can send your case to Kentucky to register and enforce your Ohio order. This is a lengthy process and requires a lot of paperwork to be completed, but this may be the only way to enforce your support order.
I owe child support in Ohio, but I received court papers about child support in Indiana. Where am I supposed to pay?
In this situation, Ohio has asked Indiana to enforce your support order. You should appear at the court hearing date set in Indiana, and then you will begin making your support payments in Indiana, who will forward them to Ohio.