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Enforcement Tools
Prosecutors can use the following child support enforcement tools to enforce a child support order:
- 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”.*
- 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:
- Health Professions Bureau
- Horse Racing Commission
- Indiana Gaming Commission
- Department of Insurance
- Bureau of Motor Vehicles
- Department of Natural Resources
- Professional Standards Boards (teachers)
- Supreme Court Disciplinary Commission (lawyers)
- 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.
- Liens– A prosecutor can establish and enforce a lien against the property of a parent who is delinquent in payment of child support.
- 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.
- 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.
*Annual Support Fee
