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FAQ


What can your office do for me?

Upon receipt of your application our office will provide services for the benefit of a child in two areas:

  • Paternity
  • Child Support

We will provide these services in eligible cases upon application by either the custodial or non-custodial parent. If either parent wishes to have representation of their own in these proceedings they will need to obtain private counsel.
The services we provide in these two areas are as follows:

  • Paternity: We will seek to establish paternity.
  • Child Support: We will assist in helping to establish a child support order, including an order for medical insurance. If a child support order has already been issued, we will assist in helping to modify the support amount in cases where this is appropriate. We will also help to collect past due child support arrearages.

Please note that we cannot handle custody or parenting time issues, or issues relating to property division.

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Who can I contact for general information about child support or my case in particular?

Many of the answers to questions you may have will be found here on our FAQ page. If you are unable to find an answer to your question you may send us an email at childsupport@warrickprosecutor.org. If you want to check child support payments you have a few options:

  • For recent payment information, you may call the KIDS LINE at 1-800-840-8757 or you can access this same information at www.mychildsupport.in.gov.
  • For more extensive payment history contact the local Clerk’s Office in the county where the child support order was entered. If this is Warrick County you may contact our Clerk’s Office in person, by mail or by email as follows:

Warrick County Judicial Center

One County Square, Suite 200

Boonville, IN 47601

Telephone (812)897-6160

Fax (812)897-6400

Email: clerk@warrickcounty.gov

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Can paternity be established, or a child support order enforced, if the father moves out of state?

Yes. Federal laws allow us to work with other states to establish paternity and to enforce child support. There is no state that will shelter an individual dodging responsibility to children. However, interstate actions are time consuming. It is not uncommon for the process to take months and, in certain circumstances, sometimes years.

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Once paternity is established, does the non-custodial parent have a right to parenting time?

Yes. Parenting time can be a mutual agreement between parents or it can be court ordered. The non-custodial parent does have the right to seek court-ordered parenting time and custody. If the judge ordered parenting time and the custodial parent refuses to comply, then the non-custodial parent will either have to seek the advice of an attorney or proceed in court without an attorney. Be aware that the custodial parent’s refusal to comply with a parenting time order does not mean that the non-custodial parent can refuse to comply with the child support order. Contempt proceedings may still be filed for failure to pay. This is because child support and parenting time are separate matters.

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My boyfriend is on a military base abroad and I am about to have his child. How do I establish paternity and obtain an order for support?

You may complete an application for our services. If the alleged father is willing to sign documents to admit paternity and agree to support, then enforcement can proceed by wage withholding order. If the alleged father is on a naval ship or lives on a military base abroad and will not admit paternity, it may be necessary to wait until he returns to the United States for genetic testing to be done.

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Even though the genetic test proved he was the father he refuses to accept it. Will my case be closed?

No. If blood tests prove he is the father, a court hearing will be set for support matters. If he fails to appear, then the judge will enter an order without him. Our office will seek to enforce the order of the court even if the father continues to deny paternity.

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Is there an age limit for the genetic tests to be done on a child?

No. Children of any age can be tested.

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If genetic tests are necessary who pays for them?

If the mother received State aid, the State will pay for genetic testing. If the test identifies the father, he will have to repay the State. If the father is excluded, it will be up to the judge to determine whether or not the mother will be required to repay the State.

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What happens if I am not sure who the father is?

When more than one man could be the father of the baby each will be required to submit to genetic testing. These tests are extremely accurate and it is almost always possible to determine the real father.

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What if the father or mother is under eighteen?

Age of the mother or father is not relevant in paternity hearings. However, our office generally requires that a parent or guardian accompany any participant under the age of eighteen at court hearings.

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What are the benefits to the father for establishing paternity?

The father has the opportunity to both be a father to the child and to assist in financially supporting the child to ensure that the child’s needs are met. He also has a right to establish and maintain a relationship with the child.

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Why should I establish paternity?

If you receive state aid (TANF or Medicaid) then you must cooperate with our office in establishing paternity. You have no choice. The State of Indiana acts in the best interest of the child in all cases. The State believes that both the parents and the child have a right to establish a parent-child relationship.

However, there are also a number of other reasons why you should establish paternity. First, it is important for children to know who they are. Knowing both parents gives every child some identity. Second, both parents have an obligation to support their children. Children supported by one parent often do not have enough money for their needs. Third, children may become eligible for inheritance, social security, and veteran’s benefits based on their legal paternity. Finally, it is important medically speaking that children have access to the medical history of both parents. Many health problems can be genetic and inherited.

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The Father signed the birth certificate. Does that establish paternity?

Yes and No. If the Father’s name appears on the birth certificate, then he may have signed a paternity affidavit at the hospital at the time of birth. This paternity affidavit does legally establish paternity. However, it does not afford the father with any rights to parenting time or custody and it does not require him to pay support. These issues must be determined by the courts.

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How can I be listed as the Father on the birth certificate?

Under Indiana law if you were married to the mother of the child when the child was born, then your name automatically appears on the birth certificate of the child. If you were not married to the mother of the child there are two ways to have your name added to the birth certificate. One way is by signing a paternity affidavit and the second way is by court order.

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I was never married to my child’s mother. Can your office establish paternity?

Yes. Our office will take legal action to establish paternity at the request of either the mother or father.

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I was never married to my child’s father. How do I prove he is the father?

You must take legal action to establish paternity.

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How long after a child is born can paternity be established?

Indiana law permits a paternity action to be started anytime before the child is born.

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How is paternity established?

Paternity can be established through a Paternity Affidavit. Once certain time periods have passed, the affidavit has the same effect as a judicial finding of paternity and can be enforced as such. Paternity can also be established by the filing of a paternity action in Court. The parties are given the chance to have a genetic test and if paternity is established, the Court may order the payment of reimbursement for Past Public Assistance to the State of Indiana, establish a current child support order that is made retroactive to the date of the filing of the Petition for Paternity, establish a health insurance order and deal with such issues as custody, visitation, name change, etc. The State of Indiana is, of course, only involved in those issues related to paternity and child support. Our office prepares all of the necessary paperwork and legal documents and handles all of the scheduling for genetic testing.

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What is paternity?

Paternity is fatherhood. When paternity is established, the biological father is made the legal father.

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What if I already have a private attorney?

We realize that matters of custody, parenting time and support may all be tied together within a single case, and that you may already have or may obtain private counsel for your personal representation. If you have a private attorney handling your case in conjunction with our office, it is vital that you make sure that our office receive from you a copy of any court orders that you receive from your attorney.

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Who is eligible to open a case with your office?

All residents of Warrick County are eligible to open a case with our office. If you are a custodial parent or guardian living outside Warrick County and the non-custodial parent is a Warrick County resident, we recommend that you open a case in your local child support office. If your local child support office determines they would like Warrick County to enforce your child support order, then they may contact us for assistance. If you are a TANF recipient, you will automatically be referred to our office.

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Is the Indiana Child Support Bureau the same as your office?

No. The Indiana Child Support Bureau is our funding source. It is also the state agency that sets the guidelines for all Indiana county IV-D offices to follow. The Indiana Child Support Bureau is located in Indianapolis.

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What is the other name I keep hearing for the Child Support Division of your office?

The Child Support Division is also called the IV-D Office. The rules and regulations governing the child support office are made by Congress and incorporated in Title IV-D of the Social Security Act.

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I am receiving TANF and/or Medicaid/Hoosier Healthwise benefits and the DFC caseworker said I had to cooperate with the child support division. Why?

As a condition of eligibility for State aid you are required to cooperate with and help our office to establish and/or enforce a child support order. You have no choice in this matter. If you do not cooperate, you will be sanctioned. That means you may lose your public assistance benefits for both yourself and your children.

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Do I get to collect both state aid and child support?

No. If you receive a TANF benefit, any child support paid will be kept by the State of Indiana to help repay the cost of public assistance. If you find that you are receiving both, then you should bring this fact to your DFC caseworker’s attention immediately. It is a criminal offense to keep the child support if you are also receiving public assistance.

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What is the cost for services?

If you are currently receiving TANF or Medicaid/Hoosier Healthwise there is no charge for services. Otherwise, there is a one-time $25 fee for our paternity and child support services.

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My divorce decree orders that the non-custodial parent is to pay me child support, but this has not happened or it happens only sporadically. Can your office help?

Yes. If there is a valid court order for a parent to pay child support, our office can assist in collecting the support order. The same administrative remedies and court actions exist for child support enforcement regardless of whether a child support order is part of a divorce decree or a paternity action.

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Can I open a case for the purpose of collecting a child support arrearage only?

Yes. In fact, a case can be opened with our office even if the children are emancipated or the child support order has terminated for another reason. However, there are legal issues that may influence the ability of our office to collect an arrearage if it has been several years since the last support payment was due.

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How do I open a case with your office?

TANF: If you are a TANF recipient you do not need to do anything to open a case with our office. Part of the TANF procedure is an assignment of the support rights to the State or Indiana. For this reason, TANF cases are opened automatically through an interface with the Office of Family and Children and persons involved will be contacted.

Child Medicaid/Hoosier Healthwise: Recipients of Child Medicaid or Hoosier Healthwise may be referred to us at the time of application for those benefits.

All Others: All persons other than TANF recipients will need to complete an Application for Services which is located in our Forms section. Download and print the Application for Services, fill it out as indicated, and mail the required paperwork to our office. We will review the documents for completeness. It is important that you provide accurate contact information to us so that we may notify you concerning the status of your application and advise if your appearance will be required for Court. If your paperwork is not complete, we will return it to you with a note to let you know what is needed. Please remember that it is your responsibility to report any change in information if circumstances change after you have sent your paperwork to us. The more complete, accurate and up-to date the information you provide, the easier and faster it will be for our office to provide the services that you have requested.

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I am the Non-Custodial Parent and an attorney represents me. Can your office speak with me regarding my case?

You may provide our office with information pertaining to a change of employment or a change of address, but for other issues you should contact your attorney.

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How can I obtain a copy of my court order regarding child support?

You will need to contact the local Clerk’s office in the county where the order was issued. If this is Warrick County you may contact our local Clerk’s Office in person, by telephone or by email as follows:

Warrick County Judicial Center

One County Square, Suite 200
Boonville, IN 47601

 

Telephone (812)897-6160
Fax (812)897-6400
Email clerk@warrickcounty.gov

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Is the Prosecutor’s Office my attorney?

No. Our office represents the interests of the State of Indiana and your child. Our office does not represent either party and no attorney-client relationship exists. In situations where conflicts arise between the interest of the State and the interests of the Custodial or Non-Custodial Parent, the interests of the State and the child will take priority.

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Can your office assist me with custody or parenting time issues?

No. In accordance with Federal law our office does not provide services with respect to custody or parenting time issues. If you were granted custody of the child(ren) and have a court order of custody and a court order terminating the support order, please send your order to our office. If the child is now living with you and do not have a court order granting you custody, your child support order remains active and ongoing until a court grants you legal custody of the child(ren) and terminates your support order.

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Does the Prosecutor’s Office get involved in property settlement issues?

No. You will need to seek the advice of a private attorney for those issues.

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Are there any collection methods the Prosecutor’s Office has that are not available to private attorneys?

Yes. The Prosecutor’s Office can:

  • Intercept State and Federal taxes
  • Have liens placed on vehiclesAttach Indiana unemployment income and Indiana lottery winnings
  • Seek seizure of passports
  • Refer delinquent payers to the Credit Bureau if they owe more than $1000
  • Seek suspension of driver’s licenses and professional licenses
  • Seize money from delinquent payers bank accounts

While attorneys may seek some of these remedies it is easier for the Prosecutor’s Office to obtain results because it can do these things administratively (without going to court) as it automatically receives much of the information necessary to pursue these options from the State.

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If I am not satisfied with the Prosecutor’s Office what legal alternative do I have?

Any person with legal needs is encouraged to seek the advice of private counsel. While we will attempt to help you if possible, we are not permitted to act as your attorney. Also, because of limited staff and a large caseload we cannot give daily attention to every case. Cases are handled on a first in time basis. A private attorney may be able to provide personalized and quicker services, especially if he or she has experience in family law.

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Are DIY court forms available?

The decision to represent your self may not be a good idea, but if you decide to do so the Indiana Self-Service Legal Center has forms and information concerning divorce, contempt, and child support modification.

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Can I get health insurance for my child as part of the child support process?

Indiana mandates that all orders of child support require either parent to purchase insurance available through an employer at the time the order is issued or at any time insurance is available for the children. If the non-custodial parent has health insurance available, but does not enroll the children our office can help to enforce this provision of the court order.

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I was served with some papers from the Prosecutor’s Office saying I must pay child support. What are my options and how can I request genetic testing?

If paternity has not been established or a paternity affidavit has not been signed, then you may request a DNA test to determine if you are the biological father of the child(ren). You may request a DNA test when you are before the Court when our office is attempting to establish paternity.

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How is the amount of child support determined?

Guidelines to determine levels of child support have been adopted by the Indiana Supreme Court. We use a Child Support Worksheet to help determine what the child support order should be. You may utilize an online Child Support Calculator if you wish. There are many factors which must be considered such as overnight visitation, other biological children living in the home, daycare expenses, and cost of health insurance coverage. If the parties cannot agree on a child support amount, then the Court will hold a hearing to determine how much child support should be paid based on the Indiana Child Support Guidelines.

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How are Child Support Payments made?

Federal and state laws require that child support payments be made to the Indiana State Central Collection Unit (INSCCU). Mail child support payments to the proper address listed below:

Non-Custodial Party-

INSCCU

P.O. Box 7130

Indianapolis, IN 46207-7130

Employer Payments-
INSCCU

P.O. Box 6219

Indianapolis, IN 46206-6219

The INSCCU will accept the following types of payments:

  • personal checks
  • money orders
  • cashiers checks

Please do not send cash. When sending a payment to the INSCCU, please include the following information:

  • your name
  • your phone number
  • your social security number
  • the custodial party’s name
  • your address
  • your ISETS case number
  • your court cause number
  • payment amount

Customer Service:

If you do not know your ISETS case number and/or your court cause number or if you have child support payment-related question, you may contact the KIDSLINE at 317.233.5437 (local) or 800.840.8757 or 317.241.9638 (TTY). Assistance is available in 170 different languages upon request. KIDSLINE hours M-F 7:00 am to 6:00 pm, Sat 7:00 am to 12:00 pm. Automated phone service is available 24 hours, 7 days/week.

Address or Name Change of Child Support Participant:

In order to change your name or address, you must either call the KIDSLINE number at 317-233-5437 or 1-800-840-5757 or contact the County Clerk’s office where your court order resides.

Generally, no credit will be given for payments made to the custodial parent for in-kind payments such as purchase of clothing, school supplies, rent, etc. Paying through INSCCU will ensure an accurate record of payments.

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Why do I have multiple case numbers for my child support case?

This tends to happen when you have two or more children and a paternity affidavit has not been signed for all of the children. Under the law we are required to file different actions for each of the children where a paternity affidavit was signed, even if the children have the same parents. The cases will be consolidated after paternity has been established.

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The child’s non-custodial parent gives me diapers and clothes. Does that mean he or she doesn’t have to pay support?

No. These are generally consider to be gifts by the court and do not effect the support obligation in any way.

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How long does it take to get a child support order?

There is no specific period within which a child support order will be entered. This is dependent on the circumstances of the non-custodial parent, the information you provide and the existing caseload within our office and the Courts. If we know of an employer and there is an existing child support order, collecting the child support will be much quicker. If you have very little information to provide, we may not be able to locate the non-custodial parent or enforce the order. We need as much information as possible, including address, social security number and identifiers such height, weight, hair color, eye color, date of birth and a picture (if possible).

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Why is it that I cannot personally meet with a caseworker?

Our Child Support Division no longer maintains public office hours. We do this based on our limited staff resources and the large size of our caseload in order to allow our staff to spend their time on casework. If you have questions or concerns please forward them to us as follows:

Email-

childsupport@warrickprosecutor.org

U.S. Mail-
Warrick County Prosecutor’s Office
Child Support Division
One County Square, Ste. 180
Boonville, IN 47601

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How do I change my name or address with your office?

In order to change your name or address you must do one of two things:

  1. Call the KIDSLINE number at 317-233-5437 or 1-800-840-5757 or
  2. Contact the County Clerk’s office where your court order was entered. If this is Warrick County you may contact our local Clerk’s Office at:

Warrick County Clerk’s Office

Warrick County Judicial Center

One County Square, Suite 200

Boonville, IN 47601

Telephone: (812)897-6160

Fax: (812)897-6400

Email: clerk@warrickcounty.gov

Note to TANF recipients: If you are currently receiving TANF benefits, you must contact your benefits caseworker at the Department of Child Services to change your address.

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What if I want to stop using the services of the Prosecutor’s Office?

If you are not receiving TANF or Medicaid/Hoosier Healthwise benefits, you can request a Closure Statement which you must sign and return to our office. We can then withdraw from your case as attorney of record and close your case with our office and at that time all IV-D services will stop. If you need future enforcement of your case, you will have to re-apply with our office. If you are receiving TANF or Medicaid benefits you cannot withdraw from the program.

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I only signed up for Hoosier Healthwise program. Why did I receive correspondence from the Prosecutor’s Office?

The Hoosier Healthwise program is part of the Medicaid program. The Division of Family and Children generates a referral to our office for any recipient of the Medicaid, Hoosier Healthwise or TANF programs. A custodial parent is required to cooperate with our office as a condition of eligibility for these programs.

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I have never used the services of the IV-D office. Why does my court order show up on the Indiana Support Enforcement Tracking System (ISETS) computer program?

The ISETS computer system is one that was started by the Indiana Child Support Bureau. It is used by all Indiana Clerk’s offices to document support money that is paid or disbursed. It is not a local computer system and we cannot change how it works. Our office uses it to gather information for processing cases.

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I did not attend the last court date. What took place in the last court proceeding? When is my next court date?

 

If you are the custodial parent you may contact our office for this information as follows:

Email: childsupportdivision@warrickprosecutor.org

U.S. Mail:
Warrick County Prosecutor’s Office
Attn: Child Support Division
One County Square, Ste. 180
Boonville, IN 47601

If you are the non-custodial parent you will need to contact the Court in which your case is pending for this information as follows:

Warrick Circuit Court

One County Square, Suite 360
Boonville, IN 47601

 

Telephone (812)897-6130
Facsimile (812)897-6137
E-mail address: circuitcourt@warrickcounty.gov

Warrick Superior Court No. 1

One County Square,
Suite 300-A
Boonville, IN 47601

Telephone (812)897-6140
Facsimile (812)897-6147
E-mail address: superior1@warrickcounty.gov

Warrick Superior Court No. 2

One County Square, Suite 380
Boonville, IN 47601

Telephone (812)897-6213
Facsimile (812)897-6214

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Where can I get more information?

You can get more information about child support at http:/www.mychildsupport.in.gov

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How can I let you know about a suggestion I have for making the FAQ better?

Please use our Contact Us page to share your suggestion with us.

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How is a support order enforced?

When a parent does not pay the whole amount of child support ordered, or does not pay at all, enforcement action is required. In reviewing the file to determine the best method of enforcement, our office’s first priority is to establish regular payment. Collection of arrearage is the next priority. We will review the case to pick the best method of enforcement based on all the information about the case, such as past payment history, the date of the last payment, and where the parent is located.

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What are the methods of enforcement?

Methods of enforcement include contempt of court actions, income withholding, tax intercepts, interstate enforcement, and professional and driver’s license suspensions.

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I’m the Non-Custodial Parent (NCP) and I dispute the amount of the arrears. What do I need to do?

If you are the non-custodial parent and are disputing the amount of arrearage owed, then you need to fill out a Request for Information. To help you in your dispute please provide information on why you think the arrearage amount is wrong (missing court orders, misapplied payments, etc). We will conduct an arrearage review. In this review we will use the payment history records (which you can obtain from the Warrick County Clerk’s Office) and any information that you may provide. Once the review is completed you will be sent a letter in the mail stating the arrearage amount. If you further disagree with the amount that we have provided then it will be up to you to prove with evidence why the review is erroneous and what the correct amount should be.

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A wage assignment has been sent on my case to the Non-Custodial Parent’s (NCP) employer. When can I expect the first payment?

Once an employer has received a wage assignment, the employer must start withholding from the NCP’s pay no later than the first pay period that occurs after 14 days following the date the notice was mailed. From then on, each time the NCP is paid, the proper amount must be withheld and forwarded. It typically takes about four (4) weeks for the first payment to be sent by the employer to the Indiana State Collection Unit (INSCU).

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I just received a notice about my driver’s license being suspended for non-payment of child support. Why has this happened?

We are pursuing this avenue of enforcement, because previous enforcement actions have been unsuccessful. You can take action to have the suspension lifted in one of these ways:

-Pay the arrearage in full

-Provide our office with your current employment information and make arrangements for a wage assignment to be sent to your employer. Once payments have been received consistently by that wage assignment for three (3) months you may contact the office again to have your case reviewed for reinstatement.

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The other parent missed last week’s payment. What should I do?

Generally, our office does not take action for a single missed payment until 30 days after it was due. There could be a good reason for missing a payment such as losing a job or being sick for a short period of time. If the other parent has lost a job and is eligible for unemployment benefits, it often takes a few weeks for benefits to begin. After 30 days if the payment has still not been made, then fill out a request for services and forward it to our office.

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How long can I collect child support for my child?

You can collect your current child support order up to the age of emancipation of the child(ren). The emancipation age of children in child support orders that are started in the State of Indiana is the age of 21 unless specifically detailed otherwise in your court order. Our office will enforce a current child support order to the age of emancipation and collect on all remaining child support arrears owed to you.

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You took my refund even though I’ve been making payments through a wage assignment. Can I get my refund back?

No. As long as you owe a child support arrearage that meets the criteria your refund will be applied to the arrearage.

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How do you get a non-custodial parent (NCP) to pay child support if he or she is not fully reporting income?

Our office will engage in a wide variety of enforcement measures to get the NCP to pay child support. These measures include credit bureau reporting, car title liens, federal and state tax liens, non-payment and delinquency letters, gathering information from the federal and state new hire lists, garnishing unemployment benefits, court hearings and placing an income withholding order on a possible employer.

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How is it possible that I am delinquent when I have always paid by wage assignment?

The child support order could have been retroactive meaning it started before the hearing when the judge ordered you to pay child support.

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Can I pay my child support with my credit card over the phone?

No. The Indiana Central Distribution Unit does not accept credit card payments.

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My spouse’s portion of our tax return was intercepted. Can his/her portion of the refund be returned to them?

Yes. Your tax preparer can advise you on what forms need to be filed with your tax return.

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My bank account has been levied. How can I remove it?

Once your arrearage is paid in full the levy will be removed.

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I can’t afford to pay off the arrearage in full. Are there any programs that can help me pay off the arrearage I owe?

No. The arrearage is owed to the child and cannot be discounted.

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Can I request that criminal prosecution be pursued against the non-custodial parent for non-payment?

Custodial parents can request that a matter be reviewed for criminal prosecution. Upon receipt of this request we check to see if all available civil enforcement remedies have been pursued without success. If this is the case, then the matter will be forwarded to the law enforcement agency having jurisdiction for investigation. After the investigation is completed we will review it to determine if criminal prosecution is appropriate. There are many factors that go into this determination.

A felony charge of Non-Support of a Dependant Child is filed only when all possible attempts of enforcement through the civil court system have proven to be ineffective. A felony charge is considered when certain criteria are met. These criteria include: existence of a child support arrearage over $15,000, whether there are dependant children under the age of eighteen, and whether the child support order is enforceable (meaning the absent parent is not disabled and has not been incarcerated for an extended period of time).

You should be aware that filing a felony charge of Non-Support of a Dependant Child is not a further attempt of collecting child support payments. The goal of filing a felony charge is prison time.

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Can I have my child support payment directly deposited into my bank account?

Please contact the INSCU at 1-800-840-8757 for methods of receiving child support payments.

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I am currently receiving SSI and can’t afford to pay child support. What should I do?

If you are receiving SSI, please provide proof of your SSI receipt to our office. You may use our Request for Information form.

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I am currently receiving unemployment insurance benefits and/or disability insurance benefits. Do I still have to pay child support?

Yes. Child support payments continue until a Court orders otherwise.

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Why did the existence of a child support arrearage stop me from obtaining a passport?

All child support cases with an arrearage of $2500 or more will be denied a passport until the child support arrearage is paid in full or satisfactory payment arrangements are made.

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How do I find the non-custodial parent if I lose touch with him/her?

Unfortunately, there is no sure way of locating an absent parent. We do have access to many different types of records, including unemployment records, tax records, law enforcement records, motor vehicle records and social security records to locate a non- custodial parent. It can take years to locate an individual should he or she choose to hide. Our office will continue to aggressively pursue all non-custodial parents.

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The non-custodial parent works irregularly and is paid in cash. A wage withholding order won’t work. What can your office do to enforce my support?

These cases are very difficult to enforce, however there are a number of available enforcement options. These include notice of delinquency, credit bureau reporting, contempt proceedings, and tax refund interception. Our office will make every attempt to find the method that works best to convince the non-custodial parent to comply with the court order.

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I found out that the non-custodial parent has a new job. Should I report it to your office?

Yes. Even if you believe we may already have the information. Any time you find out anything regarding the non-custodial parent’s employment or address, please contact our office. It may be that we have not yet received the information through conventional methods. Also, any time you find out about property acquisition or receipt of an inheritance or financial settlement, please inform our office. Many things are out of our reach, but some of these items may be attachable for arrearages. You can report information in writing, by telephone or via the Contact Us page of our site.

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The non-custodial parent is in the armed services. How do I get support payments deducted from his or her check?

If a service member is not meeting a support obligation and will not agree to have payments allotted from his or her paycheck, a military official can have the payments deducted in accordance with the support order.

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The non-custodial parent is in jail. Can I get support?

The parent continues to be obligated for support and the past due support may accumulate while in jail. But unless he or she has other assets, such as property or any income such as wages earned while on work release, it is I unlikely that support can be collected while he or she is in jail. However, your support order may be modified so that payment is deferred until he or she is released and working.

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If your office used to represent the other parent, but I now have custody of our children can you now help me?

Yes. Since we represent the children’s interests this does not present a conflict of interest because our focus still remains on the children.

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Can I have wage withholding for the existing child support order?

Yes. Most court orders now allow for income withholding. Be advised that there are limits to how much can be withheld from a paycheck.

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The non-custodial parent owns a nice home and several pieces of property. Can you force him or her to sell them?

No. We can place liens against many types of property, but not all. The lien merely prohibits the selling of property without our approval.

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The non-custodial parent lost his or her job and is collecting unemployment. Can child support be deducted?

Yes. Please contact our office if you become aware of unemployment or any other state or federal benefit that the non-custodial patent may be receiving.

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The non-custodial parent has filed bankruptcy and says that he or she does not have to pay child support. Is that true?

Bankruptcy does not necessarily end the child support obligation. Child support arrearages are not discharged in bankruptcy. In fact, a claim for child support makes the custodial parent a creditor and the child support claims may be given priority over other creditor’s claims. If you have a case with our office we can file the appropriate papers in the bankruptcy case to assert the claim for child support and arrearages. You should provide a copy of any papers you receive from the bankruptcy court to our office for review.

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How can I get child support when the other parent lives in another state?

The most difficult child support cases to pursue are those in which the parent obligated to pay support lives in one state and the custodial parent and child(ren) live in another. However, all states are required to pursue all child support enforcement program functions for out-of-state cases in the same way they do for in-state cases. All states must cooperate with each other in these matters. The Uniform Interstate Family Support Act (UIFSA) governs interstate child support case processing. Particularly significant are the provisions of UIFSA that ensure there is only one valid child support order and which permit direct wage withholding from the child support payer’s employer in another state. In addition, the Child Support Recovery Act of 1992 makes it a federal crime to willfully fail to pay support for a child living in another state. These cases are prosecuted by the United States Attorney’s Office.

An interstate petition must be filed and a case opened in the other state before it becomes a UIFSA case. You will receive notification from our office if an interstate petition is filed or if we need further information from you in order to file such a petition.

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I was notified that a UIFSA petition was sent to another state. Can I contact that state directly?

No. Our office is responsible for communicating with you and the other jurisdiction. If you are corresponding or receiving correspondence from the other state we will be unaware of this and thus unable to represent your child’s best interests. If you get information about your case contact our office. If you receive correspondence directly from the other state, do not sign anything and provide a copy to our office for review.

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I don’t know where my child’s other parent is located. Can you help with this?

The child support enforcement program uses computer searches against a large number of data banks to locate non-custodial parents. These data banks include information about motor vehicles/driver licenses, income tax, unemployment insurance, correctional facilities, utilities, cable television companies, banks, vital statistics, real property, and occupational and professional licenses.

Also, the State of Indiana has a “new hire reporting program” under which all Indiana employers must report all newly hired employees to the child support enforcement program within 15 days of hire. This information is used for location and enforcement purposes.

The most critical piece of information you can supply to help find a non-custodial parent is his/her social security number (SSN).

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Why does it take so long to get into court?

Generally it is due to the size of the caseload relative to the existence of available resources. Also, cases involving absent parents often take longer than would otherwise be the case.

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How do the wage assignment/income withholding orders get stopped when my child is emancipated?

The employer must be contacted by the person/agency that issued the wage assignment/income withholding order and told to terminate the withholding. If your child has been emancipated, it may be in your best interest to inform our office as soon as possible. Write us a letter and include a copy of the order which emancipates the child. Our office will not necessarily be involved in your emancipation proceeding and we can’t rescind the withholding order if we don’t know about the emancipation order.

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Where do I send the child support payments that I am supposed to make?

The following letter was issued to Indiana Child Support payors by the Indiana Department of Child Services:

IMPORTANT NOTICE REGARDING YOUR INDIANA CHILD SUPPORT PAYMENTS

Dear Sir or Madam:

Please note that effective immediately, Indiana Code Section 31-16-9-1 requires that child support payments, other than cash, be mailed to the Indiana State Central Collection Unit (INSCCU) located in Indianapolis. In the near future, these payments will no longer be accepted at the County Clerk’s offices.

County Clerks will continue to accept cash payments.

Please note that the above referenced state law supersedes any order requiring you to pay to the Clerk’s office.

Please remit all future child support payments by personal check, money order, cashier’s or certified check made payable to INSCCU to:

INSCCU

P.O. Box 7130

Indianapolis, Indiana 46207-7130

Do not send cash payments to the above address.

If you have more than one support case, you may either:

  • send one check, money order, cashier’s or certified check per case, or
  • send one check, money order, cashier’s or certified check that covers the amount due on all of your cases.

If you send one check to be applied to more than one case, please be sure to include the amount of payment to be applied to each case.

A Child Support Payment Remittance Form to include with your payment is available for download here. You may also download this form from http://www.INSCCU.com.

If you have questions or concerns about this letter or if you do not know your ISETS case number or court cause number, you may contact the INSCCU at 317-233-5437 (local) 1-800-840-8757 or 317-241-9636 (TTY).

If you have been ordered to pay child support and it is not being withheld from your paycheck by an employer, you will need to begin to mail your child support personal check, money order or cashier’s check to the address below. Do not send cash.

INSCCU

P.O. Box 7130

Indianapolis, Indiana 46207-7130

What types of payments will the INSCCU accept?

The INSCCU will accept the following types of payments:

  • Personal checks
  • Money orders
  • Cashier’s checks

The INSCCU will not accept cash payments. Cash payments will continue to be accepted on a walk-in basis at your local county Clerk’s Office.

What information should I send with my payment?

When sending a payment to the INSCCU, please include the following information:

  • your name
  • your address
  • your phone number
  • your ISETS case number
  • last 4 digits of your social security number
  • your court cause number
  • payment amount
  • the custodial party’s name

A downloadable form may be printed and sent in with your payments. The downloadable Child Support Payment Remittance Form may be found here or at http://www.insccu.com/.

Where can I find my ISETS case number and cause number?

If you do not know your ISETS case number and/or your court cause number, you may contact the KIDSLINE at 317-233-5437 (local) or 800-840-8757 or 317-241-9636 (TTY). Customer service representatives are available Monday through Friday 7:00 a.m. to 6:00 p.m. and Saturday from 7:00 a.m. to 12:00 p.m.

What if I currently pay my child support to the Clerk’s Office by automatic withdrawal from my bank account or by credit card or at a local bank?

If you pay child support to the Clerk by automatic withdrawals from your bank account, by credit card or at a local bank that accepts payments for the Clerk’s Office, you should contact your local Clerk’s office to find out whether these payment options will continue to be available.

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What if I use my bank’s online payment service to issue a check sent to pay my support?

If a paper check is generated through the use of an online banking service, you will need to make sure the check is sent to the following address:

 

INSCCU

P.O. Box 7130

Indianapolis, IN 46207-7130

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I have more than one court order for support and the orders are in different Indiana counties. Can I send one check?

Yes. If you have more than one court order, then you may send one check even if the court orders are from different Indiana counties. However, when sending your payment you must include the ISETS case number, court cause number and dollar amount for each of the cases to which the payment is to be applied.

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Is there a phone number I can call with questions about my child support payment?

Yes. If you have child support payment-related questions, you may call the INSCCU customer service call center and Interactive Voice Response System (IVR) KIDSLINE at 317-233-5437 (local) or 800-840-8757 or 317-241-9636 (tty). Customer service representatives are available Monday through Friday 7:00 a.m. to 6:00 p.m. and Saturday from 7:00 a.m. to 12:00 p.m. Automated phone service is also available 24 hours per day, seven days per week. Assistance is available in 170 different languages upon request.

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Does your office review child support orders for modification?

Yes. Every child support case that our office is enforcing is entitled to a review of the child support order. To be eligible for review it is necessary that your case involve an active child support order and that it has been over a year since the last time your child support order was reviewed. Our office will file for a modification if our review shows at least 20% variance up or down from the current support order. If the non-custodial parent is uncooperative, this can be a lengthy process.

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Can we avoid having to go to court to modify the court order?

Yes. If both parents agree, then our office can prepare an agreement for review and signing by the parents.

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If either parent loses a job or earns more money will the court order automatically be changed?

No. The Court order does not change unless a Petition to Modify Child Support has been filed AND the Court finds that a modification is appropriate.

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How do I start the process for a child support modification?

In order to have your child support order changed (either higher or lower) you must be able to demonstrate:

  1. That a substantial and continuing change in circumstances exists which makes the prior order unreasonable, or
  2. The order has not been modified for at least one year and the amount of the support which would currently be required by the Indiana Child Support Guidelines is at least 20% more or less than the amount of the present order.

If you qualify and you would like to pursue a modification:

What Our Office Does:

  • Custodial persons who have applied and been accepted may request a review of their child support order
  • Non-custodial parents whose child support cases are enforced by our office may request our office conduct a review of their child support order.
  • Before we can review a child support order we must have financial information from both parents. If a parent fails to cooperate with our request for financial information, that parent may be subject to an order as subpoena to produce the requested information.
  • Once we have obtained the necessary financial information we will use the Indiana Child Support Calculator to determine whether the current support order conforms to the Indiana Child Support Guidelines. This determination is made fairly, impartially and without regard to which parent requested the review.

What Our Office Does Not Do:

  • We will not file a petition to modify support if our review shows that support should be decreased. Non- custodial parents who wish to pursue a court order decreasing their child support may consult a private attorney or they may visit the Indiana Self Service Legal Center.
  • We are not permitted to get involved in disputes over custody or parenting time.

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