Child support is a crucial financial obligation that ensures the well-being of children whose parents are separated or divorced. In Indiana, the state takes this responsibility very seriously, and failing to meet child support obligations can result in severe consequences, including felony charges and imprisonment. This blog will address how failure to pay child support in Indiana can lead to a felony and imprisonment.
Child support in Indiana is determined based on several factors, including the income of both parents, the number of children, and the amount of time each parent spends with the children. Once a child support order is in place, the non-custodial parent is legally required to make timely payments. In Indiana, non-payment of child support can escalate from a civil matter to a criminal offense under certain circumstances like repeated non-payment, substantial arrears, and intentional avoidance.
Consistently failing to pay child support can lead to criminal charges. Owing a significant amount in back child support can trigger criminal prosecution. Deliberately evading child support obligations, such as quitting a job to avoid wage garnishment, can be considered a criminal act. When non-payment of child support crosses into criminal territory, the consequences can be severe. If the unpaid amount is $15,000 or more, or if payments have been delinquent for at least one year, it can be charged as a Class C felony. <sup>I.C. 35-46-1-5 & I.C. 35-50-2-6. </sup> A Class C felony in Indiana can result in 2-8 years of imprisonment. In addition to jail time, convicted individuals may face fines of up to $10,000. A felony conviction for non-payment of child support will result in a permanent criminal record, which can affect future employment opportunities and other aspects of life.
If you are struggling to meet your child support obligations in Indiana, it is crucial to take action before the situation escalates to criminal charges. If your financial situation has changed, you can petition the court for a modification of your child support order. Consult with a family law attorney who can guide you through your options and help protect your rights. Work with the Indiana Child Support Bureau to establish a payment plan for any arrears. Maintain steady employment to ensure you can meet your obligations and avoid accusations of intentional avoidance.
The consequences of delinquent child support payments in Indiana are severe, reflecting the state’s commitment to ensuring children receive the financial support they need. If you are facing challenges in meeting your child support obligations, it is crucial to address the issue proactively. Seek legal advice, communicate with the relevant authorities, and explore options for meeting your responsibilities to avoid the serious legal ramifications of non-payment. Remember, child support is not just a legal obligation – it is a vital contribution to your child’s well-being and future. By fulfilling this responsibility, you are investing in your child’s life and avoiding potentially life-altering legal consequences for yourself. The attorneys at Ciyou & Associates, P.C. have a strong background in handling child support matters in Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.