Ways to Collect Child Support From a Non-paying Parent in Indiana

In the state of Indiana, child support is a critical financial obligation for parents to support their children’s wellbeing. However, some non-custodial parents may fail to fulfill their child support responsibilities, leaving the custodial parent to navigate the complex process of collection. An experienced family law attorney can guide you through this process and help you receive child support from a non-paying parent. This blog will explore strategies available in Indiana to collect child support from non-paying parents.

First, pursuant to Indiana Code §34-11-2-10, “[a]n action to enforce a child support obligation must be commenced not later than ten (10) years after: (1) the eighteenth birthday of the child; or (2) the emancipation of the child; whichever occurs first.” An effective tool for collecting child support in Indiana is wage garnishment. The court can order the non-paying parent’s employer to withhold a portion of their earnings to satisfy the child support debt. This automatic deduction ensures a consistent flow of child support payments and can be implemented without the non-paying parent’s cooperation. Another way to get child support from a non-paying parent is through income tax refund interception. The state of Indiana can intercept the non-paying parent’s state and federal income tax refunds to apply them toward their outstanding child support debt. This is a powerful tool, as tax refunds are a common source of funds that non-paying parents may rely on.

There are some grave consequences for parents who do not pay their child support. Indiana law allows for the suspension of a non-paying parent’s driver’s license or professional license, such as a business or occupational license, as a repercussion for failure to pay child support. This can be a significant motivator for the parent to make the required payments. Another serious tool is holding the non-paying parent in contempt. An Indiana case Dore v. Dore, the Court states, “[h]owever, the Indiana legislature has specifically recognized that contempt is available as one tool to enforce child support payments.” If the non-paying parent continues to disregard the child support order, the custodial parent can initiate contempt of court proceedings.  This can result in the non-paying parent being held in contempt, potentially leading to fines, jail time, or other sanctions until they comply with the court’s orders.

It is important to note that the specific child support enforcement strategies available in Indiana may vary based on the unique circumstances of each case. Custodial parents seeking to collect unpaid child support should consult with a qualified family law attorney who can guide them through the legal process and ensure their rights are protected. By utilizing the range of child support enforcement tools available in Indiana, custodial parents can take proactive steps to ensure their children receive the financial support they are entitled to, even in the face of a non-paying parent. The attorneys at Ciyou & Associates, P.C., have ample experience dealing with child support matters throughout Indiana, even matters involving non-paying parents. We are here to help you with your child support matter. 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.


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