Indiana Child Support Laws

Like many states, Indiana has passed laws and regulations that provide dependent children with various kinds of protection. One of these is the requirement that both parents contribute to a child’s financial well-being by providing child support. If the parents are divorced, separated, or simply do not live together, one parent usually ends up paying child support to the other.

Who Needs to Pay Child Support?

Again, under Indiana law, both parents of a child are responsible for the financial support of that child. Therefore, the parent who does not have custody of a child, i.e., the non-custodial parent, is legally required to pay child support to the other.

However, a person may no longer be required to pay child support under certain conditions. For example, a person may be able to show through a paternity test that a child is not their biological child. In that case, they would most likely no longer be required to pay child support.

How Do You Petition for Child Support?

Child support is the continuing financial support that parents are legally obligated to contribute to their children after a divorce or separation. If a married couple has children and they decide to get a legal separation or divorce, usually the issues of child custody, visitation, and child support are determined as part of the divorce proceeding. At the end of a divorce proceeding, a court would issue a child support order.

Both parents are required to provide financial support to their children. However, the parent who does not have custody or does not live most of the time with their child or children is generally responsible for paying a larger amount of support in the form of a monthly child support payment made to the parent who does have custody. If the parent who pays child support to the other fails to make their payments as required, they still owe the amount that is not paid. It is referred to as an “arrearage” in legal terminology.

Another way to get child support is to work with the Office of the Prosecuting Attorney in the county where a person lives and its Child Support Division. The State of Indiana makes use of a federal program known as Title IV_D in some cases of non-payment. Custodial parents who receive Temporary Assistance for Needy Families (TANF) may have their child support collected through the Title IV-D process.

For cases in which the Title IV-D program is not used, a court may require payment through the clerk of the court. Or a court may issue an income withholding order, which directs the employer of the parent who pays the support to deduct child support from the parent’s wages and forward it to the court. The court would then forward the payment to the custodial parent.

One way to apply for child support is for a parent who has custody of their child to access the application online. They can also obtain one in person in the office of the prosecuting attorney in their county.

The completed application must be taken or mailed to the child support office. The application requires certain information, including, but not limited to, personal history, information about any marriage that might have occurred, and information about the other parent. This includes information about the other parent’s appearance and personal history.

It is important to fill out as much of the application as possible. If a person has trouble or is unsure of where to find the information, then it is best to contact a local family lawyer who practices in child support law. A local family lawyer can help a person complete the form correctly.

How Is Indiana Child Support Calculated?

In Indiana, the amount that a person must pay in child support is calculated using a calculator that is accessible online. A court would enter the information required by the calculator, and the calculator determines the amount of support that the non-custodial parent must pay.

A person or their lawyer can also access the calculator online and estimate how much child support a parent who is obligated to pay would have to pay.

What if You Do Not Pay Child Support?

Child support mandates are issued by a court of law, and failure to follow those mandates can lead a court to find a person in contempt of court. Furthermore, failure to pay child support can lead to the payment of fines and even spending time in jail. In Indiana, a person who fails to pay their child support might even find themselves featured on Indiana’s “Most Wanted Child Support Evaders” list.

The Office of the Prosecuting Attorney in counties in Indiana has a division that monitors and enforces child support payments. This division monitors child support payments and can take action to force a person to pay child support if they have missed 4 to 6 consecutive payments.

If a person has missed a number of payments, the Office would ask the court to find the person who has not paid in contempt of court. The court would hold a hearing, and the non-custodial parent would have to appear in court if the Office cannot locate the employer of the non-custodial parent and garnish their wages.

What Recourse Does the Other Parent Have if You Do Not Pay for Support?

If a person fails to pay the child support that they have been ordered to pay, the other parent may be able to bring legal action against them to garnish their wages or otherwise force them to pay child support. Being proactive is usually the best way to ensure that a person is asked to pay only an amount that they can afford. So, it is a good idea not to ignore documents that a person receives regarding child support.

Also, a person may want to consult an experienced child support lawyer to work with them during any process about child support.

How Can You Stop Paying Child Support?

There are several ways in which a person’s obligation to pay child support may come to an end. The child support obligation ends when the child reaches the age of 19.

Other ways to terminate child support involve going to court and seeking a court order. The person who pays the child support can go to court and seek a court order adjusting child support as it was ordered in the original order of support, perhaps so that it reflects changed conditions.

For example, the parent who pays child support may have lost their job or may have suffered some other adverse development in their financial situation. In any event, a court may end a person’s child support obligation.

The child might seek emancipation through the legal system. If the child is successful in this effort, then a parent’s obligation to pay support will come to an end.

Or the parent who pays support might seek custody of the child. Should the parent be awarded custody, their obligation to pay support to the other parent would end.

In Indiana, a child support lawyer may petition the court on behalf of the paying parent to make alterations to the child support order.

A person can also demonstrate that they are not, in fact, the biological parent of the child and thereby establish that they are not obligated to make child support payments. Of course, this assumes that the person’s paternity was not established earlier in the life of the child. Once paternity has been established for a child, the parent has a continuing obligation to pay support for the child until the child is emancipated or turns 19.

Where Can You Find the Right Lawyer?

If you need help getting child support, you want to consult a local Indiana child support lawyer. LegalMatch.com can connect you to an experienced lawyer who can give you the advice and help you need for your child support issue.

You may want to start divorce proceedings. Or you may want to get a non-custodial parent to start paying the support they owe you. Whatever your situation, a local family lawyer can help you protect your rights and win the support you deserve.