Obtaining and Enforcing Child Support Orders
Indiana provides a systematic calculation for payment of child support by one parent to the other, based on the parents’ income, amount paid for health insurance premiums for the children, child care costs, the amount of overnight parenting time with each parent, and payments made for prior born or subsequent children. Indiana also provides guidance on calculating child support through the Indiana Child Support Guidelines (found at http://www.in.gov/judiciary/rules/child_support/).
Typically, the custodial parent, or the parent who spends the most time with the children, will receive child support from the non-custodial parent, but this isn’t always the case. Calculating child support can be quite complex based on Indiana’s definition of income, imputing income to a parent for being unemployed or underemployed, or factoring in income received by the child. Accurately establishing child support the first time it is calculated is important because child support can only be modified in certain situations.
Once a child support order is obtained, the parent receiving child support may have a hard time collecting child support from the paying parent. If the paying parent falls behind on child support, the parent receiving child support will need to file with the Court to establish an arrears. Once an arrearage is established, the Court can order a higher weekly child support payment to pay off the outstanding arrears.
A parent can pay child support through an Income Withholding Order or through payment made to the Indiana State Centralized Collection Unit (INSCCU). Income Withholding Orders are becoming the preferred method of payment because the payment is made directly out of the parent’s pay check, which is the easiest way to ensure payments that are consistent and made on time. Alternatively, Indiana has a federally certified statewide automated computer system called ISETS that is used to manage the collection of child support if paid through INSSCU. There is a fifty-five ($55) annual service fee for the use of ISETS, which is paid by the parent making child support payments at the beginning of every year.
INSCCU accepts payment in the form of personal checks, money orders, and cashier’s checks. Parents that send payments to the INSCCU need to include the following information: full name, phone number, social security number, address, ISETS case number, court case number, payment amount, and the custodial parent’s name. Payments should be sent to INSCCU, P.O. Box 7130, Indianapolis, Indiana 46207. Child support payments may also be paid through a direct deposit from the paying parent’s bank by filling out a Direct Deposit Authorization form that is provided on INSCCU’s website.
If you have any questions about obtaining child support orders, enforcing payment, or establishing an arrearage with the Court, the attorneys at Slotegraaf Niehoff, P.C. have experience in helping parents navigate obtaining and enforcing child support orders.