If you've been having trouble collecting the money you're owed under an Indiana child support order, you can get help from the state and its courts. And if you owe child support but are having trouble paying because of financial setbacks, you may also be able to get help. But you should understand the consequences if you simply stop paying what you owe. Here's how child support enforcement works in Indiana.
The easiest and most effective way to collect child support is through income withholding. That way, the support payments are taken out of the paying parent's wages or other regular income (such as unemployment benefits or workers' compensation).
Under Indiana law, all child support orders must include an order for income withholding unless:
Any agreement to another method for paying child support must include a detailed description of that arrangement. The parents must also agree that income withholding will go into effect if the payments aren't on time. They must submit their written agreement to the court for a judge's approval.
(Ind. Code § 31-16-15-0.5 (2024).)
Like all other U.S. states, Indiana has an agency that helps parents collect child support: the Indiana Department of Child Services (DCS). Unless the agency is already handling your case or you're receiving Temporary Assistance for Needy Families (TANF), you'll need to enroll for child support services with DCS. Once you've enrolled, the Child Support Prosecutor's office in your county will open a case and decide on the best steps for collecting overdue support (more on those steps below).
Depending on how much a parent owes in back child support (known as "arrears" or "arrearages"), Indiana's Child Support Prosecutors have several ways of enforcing support orders, including:
A parent in Indiana may also file a request in court to have child support arrearages taken out of the other parent's state income tax refund.
On request, a judge may require payment of interest (up to 1.5% per month) on any late child support payments.
(Ind. Code §§ 31-16-12-1, 31-16-12-2, 31-16-12-7, 31-16-12.5-2, 31-16-12-8, 31-16-16-3 (2024).)
If an Indiana Child Support Prosecutor hasn't already started a contempt action in your case, you may file a motion for an order to show cause to have your ex found in contempt of court for intentionally violating your child support order. At the contempt hearing, the delinquent parent will have the opportunity to try to convince a judge there was a good reason they weren't able to keep up with the support payments.
Typically, judges may order anyone found in contempt to spend time in jail until they "purge" the contempt by paying the arrearages. However, judges in Indiana may instead order delinquent parents to perform community service or look for work.
(Ind. Code § 31-16-12-6 (2024).
Parents who knowingly or intentionally fail to provide support for a dependent child can be charged with a felony in Indiana. If they're found guilty, the punishment is six months to 2-1/2 years imprisonment (or one to six years for a subsequent conviction). They may also be fined up to $10,000. (Ind. Code §§ 35-46-1-5, 35-50-2-6, 35-50-2-7
If all other collection efforts have failed, federal prosecutors may also charge delinquent parents with a federal crime if they:
If they're convicted, they face imprisonment, a fine, or both. They'll also be required to pay all of the back support. (18 U.S.C. § 228 (2024).)
Most of the time, custodial parents can get the help they need to collect child support from Indiana's DCS (as discussed above). But if the agency's enforcement actions are taking too long, there's also the option of going directly to court with a request to enforce your child support order—either through a contempt action or other available legal methods for enforcing judgments. If you choose to go this route—or if you're the one facing contempt proceedings—you should at least speak with a lawyer who can advise you on the best way forward and help gather the evidence you'll need in court.
If you're the one who's having trouble paying court-ordered child support, don't make the mistake of putting your head in the sand. Get in touch with DCS, a family lawyer, or a legal aid attorney for advice about paying off your arrearages—and possibly reducing your future support payments if that's warranted because of a change in your financial circumstances. The worst thing you can do is ignore the problem and let arrearages build up until DCS or prosecutors take enforcement measures against you. Once you're blackballed as a deadbeat parent, it's a lot harder to undo the damage to your finances and your reputation.