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How is Support Enforced

The main purpose of the Child Support Enforcement Program is to make sure that child support payments are made regularly and in the correct amount. When the other parent doesn't pay the whole amount, or doesn't pay at all, enforcement action is required.

In reviewing the file to determine the best method of enforcement, the Child Support Division's first concern is establishing a regular payment plan for ongoing support. Collection of arrearages is the secondary concern. Picking the best method of enforcement is based on all the information about your case, like past payment history, the date when the last payment was received, where the other parent is located, how much money he/she makes and what kind of assets he/she has.

The Child Support Division will try to get the other parent to pay voluntarily. Sometimes, regular and full payments are received in response to directed correspondence, the threat of contempt proceedings and possible incarceration, regular compliance reviews with the Child Support Division, establishment of an Income Withholding Order, or by a simple telephone reminder. 
Whether or not the other parent has assets which could be used to pay off back child support, (like money in the bank or a car, house or recreational vehicle) will often determine the success of the action taken. There are limitations to taking these kinds of assets for payment of support.

Contempt of Court

If the court finds that a person is delinquent in the payment of child support as a result of an intentional violation of an order for support, the court may find the person in contempt of court. As a result of this finding, the Court has the authority to commit the person to jail for a reasonable time, usually up to a maximum of 180 days. While this is a civil and not a criminal proceeding, and does not result in a "conviction," the threat of incarceration often operates as a strong incentive to pay the ordered support.

The Child Support Division is required to file a Verified Information for a hearing on a Rule to Show Cause when a person is delinquent in child support payments and there is evidence of willful non-payment of child support. This is a legal pleading demanding that the person "show cause" why they should not be held in contempt of court for failure to pay child support. However, in order for the person to be held in contempt of court, it is necessary that they receive notice of the hearing, understand the nature of the allegations against them and have an attorney present before sentencing. Notice of the hearing is ordinarily accomplished through certified mail or personal service by the Sheriff. At the hearing, it must then be established that the person was aware of the support order, had the ability to pay, and willfully failed to pay in compliance with the order.

Income Withholding Orders

As required by Indiana law, the Child Support Division will seek to obtain an Income Withholding Order to withhold child support payments from the Non-Custodial Party’s wages or other income. The paying parent will always be required to report to our office within forty-eight (48) hours of any change in address or employment. If you have knowledge of the Non-Custodial Party’s employment please contact us immediately.

Tax Intercept

Anyone who has enrolled in our program is eligible for the tax intercept program so long as the arrearage requirements are met ($150.00 for TANF and $500.00 for Non-AFDC TANF.) The Tax Intercept Program authorizes the interception of federal and state income tax refunds and lottery winnings of the Non-Custodial Party.

While the Tax Intercept program is automatic, the Non-Custodial Party must actually file taxes to receive a refund. If the Non-Custodial Party has failed to file a tax return and the Child Support Division has evidence of earned income, we will seek to have them held in contempt.

Interstate Enforcement

The Child Support Division will go across state lines to request the enforcement of child support orders in another state where either the child or the obligated parent lives in Spencer County. Full cooperation and assistance is offered to other states, who are strongly encouraged to provide reciprocal enforcement of child support orders. Nevertheless, relying on other states often result in additional delays.