Indiana Child Support Law Change Penalizes Delinquent Parents

SENATE BILL No. 85 has passed as of July 1st, 2010 which now prohibits a person from disclaiming property interests if the person is delinquent in child support payments. As of July 1, 2010, a disclaimer of an interest in property is barred if the person is delinquent in child support payments. Lawmakers believe this addition to child support laws will increase collections and possibly federal IV-D funding which is based on total child support dollars collected by the state.

Indiana Enforcement Action for Child Support Delinquency

This new addition is only one of the many ways that Indiana enforces child support laws. According to Indiana law, enforcement action must take place when a person pays less than the awarded amount or fails to pay child support, including:

  • Child Support Division Reminders: Such reminders may be in the form of telephone inquires or letters which may include a description of the risk for contempt proceedings, incarceration, regular compliance reviews, and establishment of an Income Withholding Order.
  • Contempt of Court: The intentional violation of an order for support may lead to the court’s determination that the person is in contempt of court. If so, the Court may commit the person to jail for a maximum of 180 days.
  • Income Withholding Orders: As required by Indiana law, the Child Support Division will obtain an Income Withholding Order to withhold child support payments from the delinquent person’s wages or other income. Failure to comply with providing accurate employment and address information is punishable and qualifies for contempt, subjecting the person to incarceration.
  • Tax Intercept Program: The Tax Intercept Program allows authorities to intercept of federal and state income tax refunds and lottery winnings of the delinquent party.  
  • Professional and Driver’s License Suspension: Under Indiana Code 31-25-4-32, whenever the Indiana Child Support Bureau finds that a party is delinquent in child support payments by $2,000.00 or 3 months behind in payments, a notice is issued which informs the party that they must pay back payments in full, make an arrangement with the Indiana Child Support Bureau, adhere to an Income Withholding Order or request a hearing within 20 days. If the delinquent party fails to comply, the Indiana Child Support Bureau may suspend their driver’s license, professional license, hunting, fishing, and trapping licenses.  The Indiana Child Support Bureau oversees the management of these activities.
  • Motor Vehicle Liens, Liens and Judgment: Under Indiana Code 31-25-4-30, the Indiana Child Support Bureau may issue a motor vehicle lien which restricts the party’s ability to buy and sell vehicles by enforcing a lien until child support payments are made.
  • Criminal Charges: All civil remedies available will be enforced, but criminal charges may be filed if the issue is not resolved. Indiana Code 35-46-1-5 allows for the classification of a class D felony when there is intentional failure to financially support a dependent or overdue amounts is in excess of $15,000. A Class D Felony is punishable and/or a fine of up to $10,000.

If you are faced with a Indiana child support dilemma, call Burton Padove for a free consultation at 219-836-2200.

Posted in:

6 responses to “Indiana Child Support Law Change Penalizes Delinquent Parents”

  1. forex robot says:

    Wow this is a great resource.. I’m enjoying it.. good article

  2. jim says:

    this is awesome man

  3. Indiana Child Custody Lawyer | Indiana Lawyers Locations says:

    […] Login with Facebook FB.init({appId: '140013509373343', status: true, cookie: true, xfbml: true}); FB.Event.subscribe('auth.login', function(response) { window.location.reload(); }); Lawyers in Indiana · Adams Law Group· Adinamis, Michael & Saunders P.C.· Aladean M. DeRose· Alcorn Goering & Sage, LLP· Alerding Castor Hewitt LLP· Allen Law Offices· Allen Wellman McNew, LLP· Ammeen & Associates, P.C.· Arata Law Firm· Arshad, Pangere & Warring, LLP· Attorney (Abogado) Eduardo Fontanez· Austgen Kuiper & Associates, P.C.· Avery & Cheerva, LLP· Ayres Carr & Sullivan, P.C.· Ball Eggleston PC· Bamberger, Foreman, Oswald & Hahn, LLP· Barber & Shoulders, LLP· Barlow Law Office· Barnes & Thornburg LLP· Barrett & McNagny LLP » More lawyers in Indiana (439) Categories · Adoptions· Automobile Accidents· Bankruptcy· Breach of Contract· Business Law· Business Litigation· Child Custody· Child Support· Civil Litigation· Civil Rights· Collaborative Family Law· Collections· Commercial Litigation· Construction Law· Consumer Fraud· Consumer Law » More categories Web links Follow @lawyerslocation on Twitter Related Blogs Indiana Child Support Law Change | Today's Law Alert With Burton … […]

  4. in credit repair says:

    in credit repair…

  5. medical transcriptionist says:

    I just added your blog site to my blogroll, I pray you would give some thought to doing the same.

  6. opthamologist says:

    Superb blog post, I have book marked this internet site so ideally I’ll see much more on this subject in the foreseeable future!

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Information