Indiana Child Support
How to File for Child Support in Indiana?
The Indiana Department of Child Services is tasked with assisting minor residents of the state in collecting the financial support they are entitled to from one or both of their parents. While support orders are the main jurisdiction of the agency, they also help parents establish paternity, locate the other parent, establishing and enforcing orders and collecting payments for children. To apply for these services, parents or guardians of children need to contact their local child support office. They can request an application either online or in-person, and the completed application can be mailed or taken to the local office. Download Forms.
How does Indiana Calculate Child Support?
Child support obligations are calculated based on Indiana’s child support guidelines. Factors like both parent’s gross weekly income, the child’s needs, and appropriate deviations are analyzed by the courts to come to an acceptable amount.
How to claim and pay child support in IN?
Non-custodial parents need to make child support payments through the Indiana State Central Collection Unit. Payments can be made through direct mail, online or by phone. Accepted payment methods include checks, money orders, cash, credit cards or debit cards. Payments will be dispersed to custodial parents through direct deposit to a bank account or direct deposit onto a state-issued Visa Debit Card.
Also it is possible for support to be paid off early, but it’s important to speak with the caseworker in charge of your case. You don’t want to end up doubling up on payments without an understanding that the extra money is going towards future payments rather than just additional support.
Child Support Performance Stats for Indiana
Recent data from the state in 2013 showed that nearly 38 percent of the families in Indiana who are owed child support are not receiving their current payments. About eight percent of outstanding child support debts were collected.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
|Statewide Paternity Establishment (%)
|IV-D Paternity Establishment (%)
|Support Order Establishment (%)
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
|Total Distributed Collections ($)
|Total Distributed to Families ($)
|Total Administrative Expenditures ($)
Average Collections per Case with Collections
What Will Happen if You fall Behind Indiana Child Support Payment?
- Interest charges on late payments
- Withholding income
- Seizure of bank accounts
- Denial or revocation of the passport
- Liens on property
- Reporting late payments to credit bureaus
- Interception of state and federal income tax refunds
- Suspension of state-issued licenses
Can you get alimony and support at the same time in Indiana?
Yes. It is possible to receive both at the same time. It’s important to understand, however, that alimony payments will be included as part of the custodial parent’s income when determining an appropriate amount of support obligation from the other parent.
Can you stop the support payments?
When your order is entered into, there should be an expected termination date which will be the child’s 19th birthday. It may be possible to stop payments under certain circumstances, but you should never stop payments unless your obligation’s termination has been approved by an Indiana court.
Child Support and Taxes
If parents aren’t living together, then they can’t both claim their child on their taxes. This fact is a big source of disagreement between parents because claiming the child as a dependent will provide the parent with a tax credit. When parents can’t come to a decision, then Indiana courts may make a judgment on which parent will be eligible to claim the child.
Can child support payments be claimed on taxes in Indiana?
No, payments are not deductible for the paying parent. They should not be claimed on your taxes by either parent.
How does my child support affect my taxes in Indiana?
The IRS does not consider child support a taxable income, so you shouldn’t claim these payments as income when you are the receiving parent. Indiana considers these payments tax-neutral.
Can the support be taken pre tax?
Payments are taken after income tax has already been applied to the money, so it won’t be taken pre-tax.
Can child support Take my federal tax return?
Yes. When the support payments become delinquent, cases become eligible for the Federal Tax Refund Offset, so your tax return may be intercepted.
Paternity means fatherhood. In Indiana, paternity is assumed when parents are married. Children born to unmarried couples have no legal father unless paternity is established either by the parents or by the court. Paternity is important because a child’s legal father has certain rights and responsibilities that can only be upheld after paternity has been established.
How do you establish paternity?
Legal paternity in Indiana can be established either by the parent’s completion of a paternity affidavit or a court order. Paternity affidavits are voluntary acknowledgement forms, and court orders usually follow a paternity hearing and genetic test.
What rights does a father have if not on a birth certificate in Indiana?
Fathers that are not listed on the birth certificate have no legal rights to visitation or custody with their child. Paternity must be established for the father to have these rights.
Can a mother refuse me paternity test?
When the mother attempts to refuse the paternity test, a father’s only option may be to pursue a paternity hearing in court. Depending on the circumstances surrounding the claims, courts may order the mother to comply with a paternity test.
How to establish paternity if the father is deceased?
Paternity may still be established in Indiana even when the father has since passed away. Genetic testing may be possible to confirm the child’s father.
Can a father get a paternity test without the mother?
Paternity tests usually require DNA samples from the mother, father, and child. Without the mother’s consent, a court ordered paternity test may be a father’s only choice.
How long does a father have to establish paternity in Indiana?
Indiana strives to help fathers establish paternity within the first two years of the child’s birth, but there are exceptions to this limit. In Indiana, children can request a paternity hearing until their 20th birthday.
Support order establishment
Once paternity is established, one parent will be given primary custody of the child. The non-custodial parent is often ordered to financially support the child through monthly payments made to the custodial parent. Courts determine the amount of obligation based on state guidelines, both parent’s income and other factors.
State Child Support orders
Once a support amount is determined, the court will order the non-custodial parent to comply with the court’s assessment. Parents have the right to appeal the decision or request a modification of the amount, but they do not have the right to stop making payments until the child reaches the age of majority.
Can the support be modified in Indiana?
Yes, orders can be modified as the child’s needs and the parent’s needs change over time.
Indiana law will allow a review for modification on a current order when there has been a substantial change of circumstances or when the previous order is at least a year old and the support calculated would differ by at least 20 percent.
How do I file for a modification of IN child support?
Parents can file for a modification request through their local child support office or by filing pro se modification forms themselves. It may take up to 180 days for the prosecutor’s office to review a request for modification.
Can a support order appealed?
The Indiana Court of Appeals will hear cases about appealing support orders, but they are very rarely overturned or appealed.
Do you need a lawyer to modify the support in Indiana?
No. You do not need a lawyer and it does not cost anything to request a modification of support orders.
IN Child support Enforcement
IN Child support is enforced through either the support agency, a court, local police or the state or federal government. Enforcement measures will be initiated to encourage or coerce the parent to pay. When support isn’t being paid, parents should contact their child support agency and report non-payment. If you aren’t making payments, then it’s possible enforcement measures will be levied against you unless you contact your support office. In most cases, the support debt can’t be forgiven when the parent could reasonably make payments towards the debt.
How long does the support enforcement take?
Enforcement measures will be initiated to encourage or coerce the parent to pay, although these measures can take take weeks or months to begin.
What to do when the support is not paid in Indiana?
If you aren’t making payments, then it’s possible enforcement measures will be levied against you unless you contact your child support office. When support isn’t being paid, parents should contact their support agency and report non-payment.
What Happens if I’m not paying the support in Indiana?
When overdue debt exceeds $10,000 or has been delinquent for over two years, then the federal government has the authority to charge you with a felony.
How much overdue child support payment can be considered a felony?
When the debt exceeds $10,000 or has been delinquent for over two years.
Can the support debt be forgiven?
In most cases, the support debt can’t be forgiven when the parent could reasonably make payments towards the debt.
Support Order Termination
How do I stop a child support order?
Indiana’s support orders expire when the child reaches 19-years-old unless the child is emancipated, is 18-years-old and isn’t attending school, joins the military, passes away or gets married.
When Can I Apply for Child Support Termination?
You can apply for termination of your court order once your child reaches 18-years-old and is no longer attending school.
Can the custodial parent close a support case?
So long as the custodial parent isn’t receiving state assistance, they can close a support case in writing at any time.
When Can I Stop Paying Child Support in Indiana?
When a child turns 19-years-old, graduates from high school or becomes legally emancipated.
If the child has not yet graduated high school, 19 years old. If the child has already graduated, the legal age to stop paying the support is 18.
Indiana hearing rights
In Indiana, parents and children have the right to seek a paternity hearing, apply for the support services and request modifications for current court orders.
Indiana Child Support Guidelines & Laws
Indiana state guidelines require courts to consider factors including the child’s physical, educational and mental needs, the child’s standard of living prior to the parent’s separation and the financial resources of both parents.
Indiana Child Support Coverage
What is child support meant to cover in Indiana?
Indiana Child Support laws covers the basic expenses of raising a child including clothing, shelter, food, transportation and medical health insurance.
Does Child Support Cover Medical Care Expenses?
Yes, the state considers health insurance and medical care a necessary expense, so parents are obligated to share these costs.
What if Both Parents are working, will the Support Cover child care services?
Yes. Indiana courts will add work-related childcare expenses to the basic child support obligation to come to a final amount.
Are Car Maintenance Costs Covered by Child Support?
In most cases, courts will not cover car maintenance expenses on child support orders.
What is Considered Basic Entertainment for Child Support?
Basic entertainment means activities for children designed to provide them with enjoyment and stimulation such as video games, internet access, cable TV access, movies and other types of activities.
Are College expenses Covered by Child Support?
New laws went into effect in July of 2012. Orders entered into before this date are enforceable until the child turns 21-years-old and may include college-level support. Orders after this date are only enforceable until the child turns 19-years-old.
Are Extracurricular Activities covered by the Support?
Such activities are considered “optional”, so they aren’t covered in the state’s guideline schedules. When both parents agree to the activity, they may be ordered to split the costs.
Are School Related Costs Covered by Child Support?
Yes. A child’s basic educational needs are covered by monthly payments made by the non-custodial parent.
Indiana Child Support Offices
|Indiana Department of Child Services
|MS11 402 W. Washington St. Indianapolis
County Child Support Offices in IN
|Adams County, IN Decatur Child Support Prosecutor Office
|112 S. 2nd Street, Decatur, IN 46733
|Adams County, IN County Clerk Office
|112 S 2nd Street, Room A, PO Box 189, Decatur, IN 46733
|1(260) 724-5300 ext 2102
|Allen County, IN Fort Wayne Child Support Prosecutor Office
|602 S. Calhoun Road, Room 204, Fort Wayne, IN 46802