Delaware County, Indiana

Child Support Enforcement Methods

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 Family 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 Family 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 Orders - As required by Indiana law, the Child Support Division will seek to obtain a income 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.  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 Delaware 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 Level 6 Felony. However, it is a Level 5 Felony if the person has a previous conviction for non-support of a dependent child. A Level 6 Felony is punishable by up to 2.5 years imprisonment and/or a fine of up to $10,000. A Level 5 Felony is punishable by up to six (6) years imprisonment and/or a fine of up to $10,000.  The sentence in such cases depends on the facts of that particular case; however, defendants are typically placed on probation under detailed terms, including, of course, the requirement that they pay current support as well as an amount toward the support arrearage. If a Defendant fails to abide by the terms of probation, that defendant may serve time in the Delaware County Jail or the Indiana Department of Corrections.  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.