Child Support – Enforcement Tools

Enforcement Tools  

Prosecutors can use the following child support enforcement tools to enforce a child support order:

  1. Income Withholding – Child support can be withheld from a non-custodial parents’ pay check.  Often times this is an automated process due to the implementation of a federal program called “New Hire Reporting”.     Annual Support Fee
  2. Suspension of Driver’s and DNR Licenses – If an absent parent is at least $2,000 or 3 months past due on court-ordered child support, the automatic license suspension program is initiated.  This includes driving, fishing and hunting licenses.We can also suspend Professional Licenses including:
    1. Health Professions Bureau
    2. Horse Racing Commission
    3. Indiana Gaming Commission
    4. Department of Insurance
    5. Bureau of Motor Vehicles
    6. Department of Natural Resources
    7. Professional Standards Boards (teachers)
    8. Supreme Court Disciplinary Commission (lawyers)
  3. Intercepts – A prosecutor can obtain past due child support by intercepting a delinquent parent’s tax refund, lottery winnings, unemployment, worker’s compensation benefits, and unclaimed property.
  4. Liens – A prosecutor can establish and enforce a lien against the property of a parent who is delinquent in payment of child support.
  5. Civil Contempt – A court can find a parent who is delinquent in payment of child support in contempt for violating a court order and impose sanctions which can include jail time.
  6. Criminal Charges for Nonsupport of a Dependent Child – A prosecutor has the discretion to file criminal charges when a person knowingly or intentionally fails to provide support for a dependent child. Criminal nonsupport of a dependent child is a Class D felony with a maximum sentence of 3 years. If more than $15,000 is owed to any individual child, a Class C felony criminal charge, with a maximum sentence of 8 years, can be filed. Prosecutors can extradite out-of-state criminal nonsupport defendants to Indiana for prosecution.

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