As a parent, there is nothing more frustrating than when your co-parent doesn’t fulfill their child support payments. Currently, in the U.S., less than half of parents who are owed child support receive payment. This statistic is saddening as it not only puts financial strain on the parent with primary custody, but it also hurts the child both emotionally and physically. If you’re currently struggling to get the child support payments you were ordered, you may be wondering how you can enforce these payments. López Law Office, P.C. is here to shed light on this issue.
Wage garnishment or income withholding is when an employer must withhold a specific amount of money from the non-custodial parent’s paycheck and send it directly to the primary custody parent. This process ensures consistent payment and relieves some stress for both parties involved. However, if your co-parent is self-employed or doesn’t have a regular job, there may be more effective methods. In these cases, there are other options for enforcement.
Another way child support orders are enforced in Indiana is through an income tax refund intercept. This means that the state will intercept any tax refunds due to the non-custodial parent and apply them toward their child support payments. This method can be helpful if your co-parent has a job but isn’t paying their child support obligations. However, it may not be effective if they do not receive a tax refund.
In some cases, if a non-custodial parent refuses to pay their child support orders, the state of Indiana may suspend their driver’s, professional, or recreational licenses. This can be a severe consequence and incentive for your co-parent to fulfill their financial responsibilities.
The Passport Denial Program is a federal program that prevents individuals who owe more than $2,500 in child support from receiving or renewing their passports. This method can be effective for non-custodial parents who travel frequently and may not feel the effects of a license suspension.
If all other methods fail, the custodial parent can file a motion for contempt. This means the non-custodial parent will be ordered to appear in court and explain why they haven’t paid their child support obligations. If they are found in contempt, consequences could include fines or even jail time. However, this option should be used as a last resort as it can create more conflict and strain on both parents and their co-parenting relationship.
Enforcing child support orders in Indiana can be a complicated process, but it’s essential for the well-being of your child. If you’re struggling to receive payments from your co-parent, seeking legal assistance from an experienced family law attorney may be beneficial. They can guide you through the enforcement options available and help ensure your child receives the financial support they deserve.
At López Law Office, P.C., our committed team understands the challenges and frustrations of enforcing child support orders. We are dedicated to safeguarding your and your child’s rights and well-being. Reach out to us today for a consultation.
Attorney Vanessa López Aguilera represents clients in the Indianapolis Metropolitan Area