| Child Support Form |
Frequently Asked Questions For Non-Custodial Parents
The comments in this section are informational in nature and not necessarily intended as statements of law. If you have additional questions or are seeking legal advice, you will need to contact a private attorney.
Topics:
Establishment of Paternity
Establishment and Payment of Child Support
Enforcement of Child Support Orders
Modification of Support
General Information
Important Information to Remember
What is “paternity”?
Paternity is both the biological and legal relationship between a father and his child. If two people are married at the time a child is born, the law presumes that the man is the child’s biological father. If the Parties are not married at the time of birth, the child has no legal father and the biological father has no legal rights. Paternity must be established for a child born out of wedlock before the legal link of rights and responsibilities can be established between father and child.
How is paternity established?
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Parties were married at the time of birth. The husband is the legal father with all rights.
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Father signed a Paternity Affidavit at the hospital when the child was born. This does legally establish paternity but does not give any rights regarding the child. A court must order rights to custody, visitation, etc.
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Parties or the State of Indiana can petition the Court to establish paternity. The Court can order a genetic test and will address custody, parenting time and support.
How can I be listed as the father on the birth certificate?
If you were married to the mother of the child when the child was born, your name will automatically appear on the birth certificate of the child. If you were not married, your name can be added either by Court Order or by Paternity Affidavit.
Establishment And Payment Of Child Support:
How is the support amount determined?
Indiana law has created guidelines for calculating support amounts. The most important factor is the income of the parties, although insurance and parenting time are considered as well.
How do I make my child support payments?
The fastest and easiest method of payment for child support is to have the child support deducted from your paycheck and sent to Indiana State Central Collections Unit. If an employer is ordered by the court to take money out of your check, they must do so by law. You should check with the Clerk of the Court to get information on in-person cash payments.
I buy everyday items that my children need. Does this meet my support obligation?
Under Indiana law, buying items such as food and clothing for your children is considered a gift. Such purchases do not count toward your weekly support obligation.
I have been paying my support each week by giving the money directly to the custodial parent. Why does the Support Office say I am behind?
Because payments made directly to the custodial parent have not gone through the State Central Unit there is no record of those payments being made. Payments made in this way are considered to be gifts and do not count as child support. The State Central Unit makes record of all payments made on a case and acts as a safeguard for noncustodial parents.
Enforcement Of Child Support Orders:
What happens if I do not pay support?
Support of your child is not optional. The law is very clear that there is an ongoing legal duty to support your child until that child is 21 years old, or otherwise emancipated by court order. If you do not pay support as Ordered, the Support Office has a number of enforcement tools it can use. These include: wage withholding, liens, license suspension, civil contempt, tax offsets, and criminal charges.
Why is more than the weekly amount being withheld from my pay?
Indiana and Federal laws allows for money to be withheld from your check for any back support you may owe. This amount is added to your regular weekly support.
Can I be put in jail for not paying child support?
YES. By willfully failing to pay support, a noncustodial parent is risking a civil contempt of Court action for which they can be placed in jail. Further, failure to pay child support in Indiana is a criminal offense and felony charges can be filed for failure to pay.
My circumstances have changed, and I cannot afford my weekly support. Can I just pay less?
Court-Ordered child support does not automatically change to fit your current financial situation. Any Court Ordered amount will continue as it is and can only be legally changed by the Court itself. For this issue, you can either Petition the Court to lower your support on your own or consult with a private attorney.
I have two children and the oldest just turned 21. Can I just start paying half of the support?
No. Unless your support order clearly states the amount to be paid for each child, the Order will not automatically reduce just because one child is emancipated. You will need to ask the Court to modify the amount before it will change. It is uncommon for an Order to be per child, and therefore, in most cases support will remain the same unless the Court is petitioned to Modify. If you have any doubt about your own Order, it is strongly recommended you consult with a private attorney to prevent possible legal action against you for failure to pay your full support obligation.
What should I do if the custodial parent will not let me visit with the child?
Visitation issues should be directed to a private attorney who will be able to discuss those issues with you. Be aware, this will not be an excuse for failing to pay child support. Support and visitation are two completely separate matters.
If I am incarcerated, does the support I owe stop?
No. The arrears (back support) will continue to accumulate, and you will be responsible for repayment once you are released.
I do not think my arrears are as much as you say. What can I do?
You can request a review of your arrears. You will need to submit all evidence supporting your claim including payment records. A review will not be conducted simply because an individual disagrees with our calculation. You must support your belief with evidence you are correct.
IMPORTANT INFORMATION TO REMEMBER
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Once you have notice of a Paternity action, the case will be decided without you if you fail to appear at hearings or respond to legal documents. The Court can, and will, enter an Order for paternity and support even if you do not appear in Court.
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Keep copies of all important documents. You should keep all letters, Court Orders, notices, etc. You should also keep detailed financial records and bring them to Court or other support meetings as evidence of your financial situation.
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Signing a paternity affidavit does not give you any legal rights in regard to custody and visitation. You must ask the Court to address these issues.
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Keep track of your payments.
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The age of emancipation in the State of Indiana is twenty-one. That means you must pay child support until the child is twenty-one unless otherwise stated by a judge. Under certain circumstances, there may be provisions for ordering support beyond the age of twenty-one.
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Child Support does not go away simply because you ignore letters, avoid phone calls, and fail to show for Court hearings. The longer you go without paying support, the more arrears you will accumulate, and the more you will risk a felony criminal charge.
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Everyone has periods where finances are tight, and the Support Office understands that layoffs, illnesses, and unplanned expenses occur. The best way to handle such situations is through communication with the Support Office staff. By informing the Support Office of difficulty with payment, paying what you can each week (even if it is less than the full obligation), submitting job applications, and providing documentation of illness or injury, you will demonstrate a good faith effort to meet your obligations and give us a basis for working with you.
The preceding Questions and Answers are for your information only. They are not, and are not intended to be, a definitive statement of the law. You should consult with either a private attorney or local legal aid services for legal advise about your particular case.