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Four “Fatal” Child Support Mistakes to Avoid

In divorce and paternity cases, the obligation to provide child support is governed by a myriad of state and federal laws designed to ensure that children receive the financial support they need from both parents. Unfortunately, misunderstandings and missteps in managing these obligations can lead to significant legal repercussions. Failing to pay child support can result in severe penalties, including losing professional licenses or even facing jail time for contempt of court. In this blog, we will explore four critical mistakes to avoid that can help you steer clear of child support arrears and their associated legal consequences.

  1. Paying Child Support Directly to the Other Parent
    One of the most common and detrimental mistakes parents make is paying child support directly to the other parent, rather than through the appropriate channels. Sometimes, parents will use Venmo or ApplePay and believe this counts as paying the other parent for child support. This practice can lead to serious complications, particularly if a dispute arises. In many cases, courts may view these direct payments as gifts rather than fulfilling legal obligations. This means that if the receiving parent disputes the payments, they may not be recognized as valid support.

    To protect yourself, always pay child support through the court clerk or the designated state agency. This ensures that there is an official record of your payments, including the amount and date of each transaction. Such records serve as irrefutable proof of compliance with your child support obligations, safeguarding you against potential claims of non-payment.

  1. Overlooking the Emancipation Age
    In Indiana, a child is legally emancipated at the age of nineteen (19) under most circumstances. However, many parents overlook the implications of this law regarding child support. If your income withholding order (IWO) is not terminated upon the child reaching the age of emancipation, child support deductions may continue, resulting in overpayment.

    This overpayment can be particularly problematic if the receiving parent has already spent the funds, making it challenging to recover any excess support paid. As you approach your child’s nineteenth birthday, evaluate your child support payments closely. Remember that even after emancipation, you may still be responsible for certain college expenses, as courts have wide discretion in determining what constitutes necessary financial support for education.

  1. Failing to Modify Child Support After a Job Change
    Life circumstances can change rapidly, and job loss or a reduction in income can have significant effects on your ability to pay child support. However, it’s crucial to understand that such changes do not automatically modify your child support obligations. For instance, if you are incarcerated following a criminal conviction, your support obligations remain intact unless you take proactive steps.

    If you find yourself in a situation where a modification is warranted—such as a job change to a lower-paying position or unemployment—you must file a petition with the court to modify your child support obligations. Keep in mind that a trial court can only retroactively modify child support from the date the petition was filed, not before. Therefore, delays in filing can lead to substantial arrears, which will be due and payable.

  1. Ceasing Payments Due to Financial Hardship
    Financial difficulties can tempt some parents to stop paying child support altogether. This is a grave mistake. Courts typically view such actions as willful disobedience of a court order, which can lead to contempt charges. Moreover, failing to make any payments, even if reduced, increases the likelihood of enforcement actions being taken against you.

    Instead, make a good faith effort to pay what you can, even if it’s less than the full amount required. Courts are more likely to look favorably on parents who demonstrate an intention to comply with their obligations. Additionally, maintaining partial payments can help you manage any accrued arrears more effectively, as opposed to being faced with a significant lump sum at a later date.

Navigating child support obligations can be complex and challenging, but avoiding these four common mistakes can significantly reduce the risk of legal complications. Always ensure that your payments are documented, be proactive about modifying your support obligations when circumstances change, and maintain communication with the other parent when financial difficulties arise. If you find yourself facing child support challenges, consider consulting with a knowledgeable attorney who can guide you through the process and help you understand your rights and responsibilities. 

This blog was written by attorneys at Ciyou & Associates, P.C., who handle child support cases throughout Indiana. It is intended for general educational purposes only and does not constitute specific legal advice or a solicitation for services. This blog serves as an advertisement.

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