Delaware County, Indiana

Who is eligible for services?

The Prosecutor’s Office can provide Title IV-D Services to parents and legal guardians in need of services regardless of their income level.

TANF Recipients: If you are receiving TANF benefits, you will be referred automatically to the Prosecutor’s Office for Title IV-D services.

MEDICAID Recipients: If your child is receiving Medicaid, you are entitled to receive Title IV-D services free of charge.

All Others: Even if you are not receiving TANF or Medicaid benefits you may apply for Title IV-D services free of charge.

 You may pick up an application for services at the Prosecutor’s Office, Child Support Division, or print out the application online at https://forms.in.gov/Download.aspx?id=4929

Completed applications should be delivered to the Child Support Division of the Prosecutor’s Office in person.

GETTING STARTED: HOW TO ESTABLISH CHILD SUPPORT SERVICES

When the State of Indiana becomes a party to the divorce, paternity, or child support action and acts on behalf of the best interests of the State of Indiana as well as the child. The State of Indiana is represented by a Deputy Prosecutor from the Delaware County Prosecutor's Office. The Prosecutor’s Office or any of its attorneys do not represent either parent in an action and do not act as an attorney for any party other than the State. The custodial parent and the non-custodial parent do not enter into an attorney client relationship with this office.  There is no duty of confidentiality between the Prosecutor’s Office and you, as the custodial parent.  Any information provided to this office or its employees is not protected by the attorney-client relationship.  Any information provided may be used in the prosecution of civil violation or criminal offenses without regard for the source of the information.  If either parent wishes to have legal representation or if such parent wishes to present evidence or make recommendations or requests to the Court, that parent may consult their own private attorney or they can represent themselves.  The custodial parent and/or the non-custodial parent may hire their own attorney at any time.  The Prosecuting Attorney and staff will have sole decision making powers with regard to enforcement actions in the case.

To apply for services from the Family Support Division, the custodial parent must provide the following items:

1. A copy of the child(ren)'s birth certificate(s). Please obtain a copy of the birth certificate(s) from the Delaware County Health Department. This will be at your expense.
2. A copy of the paternity affidavit if one was signed.
3. If the child(ren) have been legally adopted, you will need to provide a copy of the adoption decree or the name and location of the court that approved the adoption.

If court documents are requested and are not located in Delaware County, please provide us with the name and address of the courthouse and court cause number, and we may be able to obtain the documents for you.

For parties married but separated with no pending court action, the Family Support Division will prepare a support petition and file it with the court. Both parents then have to appear in court, during which a support and health insurance order will be entered.

Opening a File

After verifying that application information is correct, the Family Support Division opens a case file and sets a hearing date for the custodial and non-custodial parent to appear in court, if there is no existing order.

Establishing Paternity

Paternity can be established through a Paternity Affidavit. Once certain time periods have passed, the affidavit has the same effect as a judicial finding of paternity and can be enforced as such.

Paternity can also be established by the filing of a paternity action in Court.  If the child(ren) are born of out wedlock, and if the alleged father of the child(ren) denies paternity, a DNA test will be done at the court hearing.

If paternity is established, the Court may order the payment of reimbursement for Past Public Assistance to the State of Indiana, establish a current child support order that is made retroactive to the date of the filing of the Petition for Paternity.

Paternity already established

In situations where paternity is not an issue, then child support may be established through the filing of a Petition for Support. If a child support order has already been issued, a Petition to Modify Support may be filed in order to change said support. In Indiana, support continues until the child reaches the age of 19 years. Prior to that time, the support can only be changed by court order upon application of either party.

Income Withholding and Making Payments

An income withholding order is entered and forwarded to the non-custodial parent's employer immediately.

Until the payments are withheld from the non-custodial parent's paycheck, it is the non-custodial parent's responsibility to make payments for distribution to the custodial parent. The non-custodial parent should not send money directly to the custodial parent because the payment may not be considered as a child support payment but as a gift. Cash payments may be made to the clerk of the court at the Delaware County Building. Payments by check or money order may be made to the Indiana State Central Collection Unit (INSCCU).  For further information please see the section on “How to pay your child support.”

If the non-custodial parent changes employment, the non-custodial parent needs to immediately provide the Family Support Division with the name, address and phone number of the new employer. A change in employment may result in a delay of withheld income, but the non-custodial parent is still responsible to make child support payments until he/she sees it coming out of his/her paycheck. The non-custodial parent also is responsible for reporting a new job or new home address to the Family Support Division.

Continued Monitoring

The Family Support Division continues to monitor child support payments and will take action if the non-custodial parent has missed 4-6 consecutive payments. A contempt hearing will be scheduled, during which the non-custodial parent must appear in court if the Family Support Division cannot locate an employer of the non-custodial parent.

Indiana support orders remain in effect until one of the following occurs:

• Child reaches 19 years of age
• The court orders modification of support, emancipation or change of custody