Even if the non-custodial parent lives in another state, the law requires cooperation between states. The noncustodial parent is required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures according to Indiana child support law to collect regular and past-due payments.
The official child support enforcement agency in Indiana is the Child Support Bureau of the Department of Child Services. The State of Indiana is required by federal law to provide child support enforcement services. These services are funded by the federal government and the State of Indiana.
|INDIANA CHILD SUPPORT BUREAU CASELOAD STATISTICS1|
|Full Time Equiv. Staff||903|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
Indiana charges interest on missed payments if the amount in arrears is determined in a court entry, interest accrues at rate of 8% per annum.
If the court has adjudicated an accrued arrearage, interest is charged on retroactive support at 8% per annum.
If court adjudicates an accrued arrearage, interest - per Indiana state law on judgments - accrues at 8% on the adjudicated amount. In addition - per specific child support only statute - the court may order interest at up to 1.5% per month.
Indiana limits enforcement of child support orders to 10 years after the child turns 18 years old or the date of emancipation, whichever is earlier. The statute of limitations for Indiana child support judgments is 20 years.
Indiana's statute of limitations for paternity states that the child may file any time prior to their 20th birthday.
Indiana Code (IC 31-16-6-6) sets the age of emancipation at 19 years of age.
In Indiana, child support is automatically terminated at age 19, unless the child has been determined to be legally incapacitated or an order for educational support beyond high school is established prior to the child turning 19.
Indiana's Supreme Court issues a compilation of instructions for determining child support payments called the Indiana Child Support Rules and Guidelines. They are binding in every Indiana court having jurisdiction over child support.
A copy of the Monthly Payment Schedules is available from the State of Indiana's website.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.