Terms:
Custodial Parent: The person given legal and physical custody of a child by court order or by statute.
Non-custodial Parent: A parent obligated to provide support and entitled to access to the child through a court order.
Is there an age requirement to collect child support?
If the custodial parent is less than 18 years of age, a relative of legal age is needed to act as "next friend." The next friend will co-sign al necessary documents and appear in court with the custodial parent.
What if I don't know the address of the parent who owes child support?
The Child Support Division provides locater services which have several methods to track down missing parents. The more information that can be provided about the missing parent, the more likely that the search will be successful. Most searches result in success within a few months.
What if the non-custodial parent refuses to pay child support?
Most child support obligations can be enforced through an income withholding order. If not already ordered by the court, the income withholding process can be initiated against a parent who falls more than 30 days behind. Once an employer receives an income withholding order, the first support payment is usually received in about 30 days.
If other methods fail, non-paying parents can be summoned to court to show cause for not making court-ordered child support payments. A court can find a parent in contempt if the non-payment is willful and the parent has the ability to pay. The court can order the parent to be jailed, pay a purge bond, perform community service in lieu of jail, issue an income withholding order, suspend a driving or professional license or order the parent to return for a compliance hearing. Administrative actions may also be take, including the interception of tax refunds, supervision of driving or professional licenses and the reporting of child support arrearages to credit reporting agencies.
When is an arrest warrant issued?
A bench warrant may be issued by a court when a party has notice to attend a hearing and fails to appear. A court then has the discretion to issue a bench warrant. When issued, a bench warrant is sent to the Office of the Civil Sheriff to be served.
How will I find out what is happening on my case?
If you are unable to appear for a court hearing, a status update will be mailed to you following the hearing. You can call our office at 327-1800 if you have questions or want to know the current status of your case. You can also fax our office at 327-1801.
What if I have a private attorney?
You can have both a private attorney and an open case for child support enforcement with us. The deputy prosecutor assigned to your case should be made aware if you do have private counsel, so that efforts can be coordinated.
How will I receive the child support payments?
Child support payments must be made either to the Marion County Clerk or to the Indiana Child Support Bureau. The statewide computer system processes payments each business day and most payments are sent the next business day after being processed.
Must the parents have been married for child support to be ordered?
If the parents of a child have not been married, paternity can be established and child support ordered. See the sections below for more information.
Options:
If both parents agree, paternity can be established by a voluntary process. If there is agreement on all issues, including custody, visitation, name of the child, medical insurance and child support, documents can be executed and filed without a court appearance.
If the parents do not agree on all terms, an involuntary process is started with includes a court hearing, with the court making the final decision on the terms of the order. Usually, the court hearing is held four to six weeks after the paperwork is completed.
What if the other parent refuses to cooperate?
The parent seeking to establish an order can begin the process with an office interview. If it is determined that a case can be proven, the necessary paperwork will be completed and filed with the court. Once the other parent is served with a summons, a court date will be set. Although most cases are resolved within six months, there are cases that take much longer to complete.
Does the "paternity affidavit" signed at the hospital when the child is born establish paternity?
Yes, if properly executed after May 1995. However, in order to establish custody, visitation, child support and other issues, either a written agreement signed by both parties and approved by a judge or a hearing is required?
Can the court order genetic testing?
Either parent may request genetic testing once an involuntary action to establish paternity has been filed. In most cases, the cost is not required to be paid before the testing. However, the court may order either or both parents to reimburse the cost, depending on the outcome of the test.
Will the child's name be changed?
The court will usually honor an agreement between the parents as to what the child's name will be. If the parents do not agree, the court will decide after hearing evidence from both parents as to what the child's name should be.
What if the parent ordered to pay lives in another state?
There is a legal process in every state to assist parents in getting child support if the parent who owes that support lives in another state. The necessary paperwork can be completed during an office interview and forwarded to the state in which the other parent lives.