| Child Support Form |
Frequently Asked Questions for Custodial Parents
Topics:
Starting a Case
Establishment of Paternity
Support Orders
Modification of Support Orders
Enforcement of Support Orders
General Information on Support Issues
Starting a Case with the Perry County IV-D Support Office:
I would like to receive child support, but I was never married
to my child’s father, what should I do?
You must first take legal action to establish paternity of your child; this process establishes your child’s biological father as the “legal” father. The proper documents must be filed with the Court, a hearing will be held, and genetic testing will be conducted unless the father admits paternity.
The Support Office is responsible for filing Paternity actions in cases that are opened with the office. Cases are opened either by application for services or by State referral. Applications are available online or in the office. Once you have submitted your application, an appointment will be scheduled as soon as time is available.
Is there a fee for opening a case with the Support Office?
If your case comes to the Support Office due to TANF or Medicaid referral, there is no fee.
If you are not receiving public assistance, there is a one-time $25.00 application fee.
I am receiving TANF and/or Medicaid benefits and was told I had to cooperate with the Support Office. What if I do not want to pursue support?
To be eligible for state assistance, you are required to work with the Support Office to establish and/or enforce a child support order. You must cooperate with the Support Office. Failure to do so will result in a “sanction” and you will lose benefits for yourself and your child.
Cooperation includes keeping appointments with the Support Office and supplying all paperwork requested (birth certificates, social security cards, driver’s license and all information for noncustodial parent) in a timely manner.
Is the Support Office considered to be my attorney?
NO. The Support Office represents the interests of the State of Indiana and the children involved in our cases. The Support Office does not represent either Party and no attorney / client relationship exists.
What if I am under eighteen? What if the noncustodial parent is under eighteen?
Age of either the mother or father is not relevant in paternity hearings. If one or both of the Parties are under the age of eighteen, it is strongly recommended that they be accompanied by a parent or guardian to any meetings or Court proceedings
I have opened a case with the Support Office. What happens next?
At your appointment, or shortly thereafter, you will be asked to sign a Petition For Paternity and Support. This is the legal document filed with the Court asking for paternity to be established. The Court will then set a hearing date. You will need to come to the hearing, and the father will be given a chance to admit or deny paternity and ask for a genetic test.
If genetic tests are necessary, who pays for them?
If the mother is receiving State assistance, the State will pay for the genetic testing. If the test identifies the father, the Support Office will request the father be ordered to reimburse the State.
If the father refuses to accept the test results what happens?
If the genetic test proves that he is the father, a hearing will be set to determine support and insurance, etc. If the father does not appear, the Judge will enter an order without him. The Support Office will enforce this Order even if the father continues to deny paternity.
What if I am unsure who the father is?
When more than one man could be the father of the baby, each will be required to submit to genetic testing. These tests are extremely accurate and it is almost always possible to determine the real father.
The father signed the birth certificate. Does that establish paternity?
No. However, if the father’s name is listed on the birth certificate, he may have signed a paternity affidavit at the hospital at the time of birth. A properly executed paternity affidavit does legally establish paternity. The Court would still need to determine custody, support, and insurance issues.
Who determines what the support amount should be?
The Court will determine the amount of support by applying Indiana law. In Indiana, the law has established guidelines for determining child support amounts. The income of the Parties is the main consideration. If any Party to the case does not have at least minimum wage income of $206.00 per week, the Court will likely use $206.00 as a baseline.
How are child support payments made?
Payments should be made through the Indiana State Central Collections Unit. In most cases, child support is withheld from an obligor’s paycheck and mailed to the State Central Unit.
The child’s noncustodial parent provides items such as clothing and food. Does this count as child support?
NO. These are generally considered to be gifts by the Court and do not meet the support obligation.
Modification Of A Support Order:
Can support be increased if the noncustodial parent gets a better job?
Once your case has been opened with the Support Office, you can ask to have your case reviewed for modification. In order for a review to be conducted, the support office will need a number of documents from both Parties including financial records. You should submit your request in writing. If the noncustodial parent is uncooperative, this can be a lengthy process, and you should be prepared to be patient.
Enforcement of Child Support Orders:
The Noncustodial Parent is not paying child support as Ordered. What can be done?
One tool available to the Support Office is an Income Withholding Order. This document is sent to the noncustodial parent’s employer and requires the employer to take the support amount out of the noncustodial parent’s check as often as wages are paid. This amount is then sent to the State, which in turn sends the money to the custodial parent.
The noncustodial parent is paid in cash. How is support collected?
While an income withholding order will not be useful in this situation, if the noncustodial parent is failing to provide support, options include: vehicle liens, license suspensions, tax offsets, and civil contempt charges.
Can the Support Office enforce existing Orders from cases that did not begin with the Support Office?
Yes. The Support Office can enforce on Orders entered by the Court prior to Support Office involvement. A divorce is one example of this type of case. Any custodial parent may come in and sign up for services by completing the necessary application and paying the applicable fee. Once the case is open for Support Office enforcement, all of the same legal tools are available for enforcement.
Can money be withheld from unemployment?
Yes.
General Information On Support Issues:
Can I check to see if a payment has been made?
You can contact the Indiana KIDS Line at 1-800-840-8757 to check on payments.
Does the father have a right to visitation?
Yes. Visitation (or Parenting-Time) can be by agreement between parents or can be court ordered. The father has the right to seek court-ordered visitation and custody.
The noncustodial parent lives in another state. Can I still get paternity and support?
Yes. Federal law has set up a system that allows states to work together to establish paternity and enforce support orders. You should be aware that this type of interstate case can be complicated, and it will almost certainly take longer than an in-state case to get a positive result. If the location of the noncustodial parent is not known, it could take years before support is received.
Can you help find a non-custodial parent if I do not know their location?
Our office has a number of tools we can use to locate non-custodial parents. These include unemployment records, tax information, criminal records, and social security records. These tools can be very effective. However, if a non-custodial parent is committed to evading a support obligation, does not own any real estate in his own name, does not file taxes, and works only for cash, enforcement can be a lengthy process.
I have a custody dispute. What can the Support Office do?
The Support Office cannot be involved in issues with parenting time or custody. You should contact a private attorney with those questions.