FAQ Print E-mail

Opening a Case

  • Who can I contact for general information about child support or my case in particular?
  • Who is available to open a case in your office?
  • What is the cost for services?
  • Can I open a case for arrears only?
  • My divorce decree orders the other parent to pay me child support. But he/she has not paid me as ordered by the court. Can Child Support Services help me collect my child support from the other parent?
  • What if I do not have my own court order or if we were never married? Can Child Support Services still help me?
  • How do I open a case with your office?

Establishing a Court Order

  • I was served with some papers from your office indicating I must pay child support. What are my options and how can I request blood/genetic tests?
  • How is the amount of child support determined?
  • Why do I have multiple case numbers for my child support case?

Enforcing a Court Order & Collection of Payments

  • I’m the Non-Custodial Parent (NCP) and I dispute the amount of arrears I owe.
  • A wage assignment has been sent on my case to the NCP's employer. When can I expect the first payment?
  • I just received a notice about my driver's license being suspended and I don't understand.
  • My driver's license has been suspended. How do I get it back?
  • How far behind does NCP have to be before collections will begin?
  • How long can I collect child support for my child?
  • You took my tax refund even though I've been making payments through a wage assignment. Can I get my refund back?
  • How do you get a NCP to pay child support if he or she is not fully reporting?
  • Why does it take so long for me to receive child support when it is deducted from the NCP's paycheck?
  • How is it possible that I am delinquent when I have always paid by wage assignment?
  • Can I pay my child support with my credit card over the phone?
  • My spouse's portion of our joint tax return was intercepted. Can his/her portion of the refund be returned to them?
  • My bank account has been levied. How can it be removed?
  • How can I altogether avoid collection and enforcement remedies when I have an arrears balance?
  • I can't afford to pay off the arrears in full. Are there any programs that can help me pay off the arrears I owe?
  • Why doesn't the employer garnish according to court order, for example, on the first and fifteenth of each month?
  • How can I open a criminal case against the NCP for nonpayment?
  • Can I have my child support payments directly deposited into my bank account?
  • I am currently receiving SSI and can't afford to pay child support. What should I do?
  • I am currently receiving Unemployment Insurance benefit (UIB) and/or Disability Insurance Benefit (DIB). Do I still have to pay child support?
  • Why did Child Support stop me from obtaining a passport?

Modifying Existing Orders

  • Does the Child Support Services Department do modifications of child support orders?
  • Can we avoid having to go to court to modify the court order?
  • If either parent loses a job or earns more money, will the court order automatically be changed?

General Information

  • I am the NCP and an attorney represents me. Can a child support officer speak with me regarding my case?
  • How can I obtain a copy of my court order?


Opening a Case

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

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Many of the answers to questions you may have will be listed below.  If you are wanting to check on payments you would need to call the KIDS LINE at 1-800-840-8757 or access them via the internet at www.mychildsupport.in.gov.  If you are seeking to obtain a payment history record or a preexisting child support court order you would need to go to the Saint Joseph County Clerk's Office.  To obtain case specific information you would need to contact your caseworker.  To find or email your caseworker click here .


Who is available to open a case in your office? [ top ]

All residents of Saint Joseph County are available to open a case in our office.  If the non custodial parent lives in Saint Joseph County and you (the custodial parent or guardian) live outside the county we recommend that you would open a case in your local IV-D child support office.  If your local IV-D child support office determines that they would like Saint Joseph County to enforce your child support order then they would set up a case in our office in accordance with interstate or intrastate policies.  If you are a TANF recipient you will automatically be referred to our office, but if you want to expedite the process you can do so by applying for an appointment.  


What is the cost for services?

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If you are currently receiving TANF or Medicaid there is no charge for the services.  Otherwise there is a one time $25 fee for all other cases.  


My divorce decree orders the other parent to pay me child support. But he/she has not paid me as ordered by the court. Can Child Support Services help me collect my child support from the other parent?

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Yes, if there is a valid court order for the non-custodial 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 the child support order is part of a divorce decree or a paternity action.

Can I open a case for arrears only?

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


What if I do not have my own court order or if we were never married? Can Child Support Services still help me?

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Yes, we may still be able to assist you in obtaining child support.  If you have not received public assistance in the past, you will be required to pay a one time fee of $25 to open a case in our office.


How do I open a case with your office? [ top ]

You can apply for an appointment online by clicking here.  Please note that not filling in the required information will cause a delay in your appointment.  After submitting the information, a caseworker will send you a letter indicating your appointment date and time.  Your appointment will be set out 3-4 weeks from the day of your submission.  After submitting the appointment request please print off the appointment packet, fill it out, and bring it in to your appointment with materials requested in your appointment letter.  Failure to bring required materials to your appointment will cause a delay or prevent us from moving forward in your child support case.  You can also apply for services by stopping by our office and filling out an application for services.  Your appointment will still be set out 3-4 weeks from the day you submit your request


Establishing a Court Order

I was served with some papers from your office indicating I must pay child support. What are my options and how can I request blood/genetic tests?

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If paternity has not been established or a paternity affidavit has not been signed, then you may request a genetic test to determine if you are the biological father of the child(ren).  You may request a genetic test when brought before the Court when our office is attempting to establish paternity.  Our office can also work with you and the mother to have the genetic test completed before the court hearing.  This can save you time and stress. 


How is the amount of child support determined? [ top ]

Indiana uses a method of calculating child support that is referred to as the "Income Shares Model".  Simply put this means the courts try to come up with a figure that best reflects what sort of income would have been available for use on the child if the parties had stayed together or had married.

Our office uses a standard child support worksheet that assist as evidence to help determine what the child support order should be.  There is no set number as many factors must be considered (i.e. overnight visitation, other biological children living in the household, daycare expenses, etc).

The Court, after hearing all of the evidence, has the final say on a child support order. 


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

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This tends to happen when you may 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 children where a paternity affidavit was signed versus children where no paternity affidavit was signed, even if the children have the same parents. 

The cases will be consolidated after paternity has been established.


Enforcing a Court Order & Collection of Payments

I'm the Non-Custodial Parent (NCP) and I dispute the amount of arrears I owe.

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If you are the non custodial parent and are disputing the amount of arrears owed, we recommend that you contact your child support caseworker immediately.  To help you in your dispute please provide information on why you think that the arrears amount is wrong (missing court orders, misapplied payments, etc.).  After you contact your caseworker, the caseworker will conduct an arrears review.  In this review the caseworker will use the payment history records (which you can obtain at the Saint Joseph County Clerk's Office) and any information that you may provide.  If there is an instance where the court order information that we have is wrong or outdated, you can expedite the review process by bringing in a copy of the missing court order along with a court case summary (also known as a court docket).  Once the review is completed you will be sent a letter in the mail stating the arrears amount.  If you further disagree with the amount that we have provided then it will up to you to prove with evidence why the review is erroneous and what the correct amount should be.  


A wage assignment has been sent on my case to the NCP's employer. When can I expect the first payment?

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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 remitted by the employer to the Indiana State Collection Unit (INSCU).


I just received a notice about my driver's license being suspended and I don't understand.

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The local child support office is pursuing this avenue of enforcement, because previous enforcement actions have been unsuccessful.  If you either pay the arrearage in full or contact the office with employment information to have a wage assignment sent to your employer, the office will not pursue the suspension at this time.


My driver's license has been suspended. How do I get it back?

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You will need to contact the 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 a reinstatement. 


How far behind does NCP have to be before collections will begin? [ top ]

The child support division will begin to work on a case as soon as it is opened in the office. 


How long can I collect child support for my child? [ top ]

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 twenty one unless specifically detailed in your court order.  The child support division will enforce a current child support order to the age of emancipation and collect on any remaining child support arrears owed to you


You took my tax refund even though I've been making payments through a wage assignment. Can I get my refund back? [ top ]

As long as you owe child support arrears that meets the criteria, we will take your taxes.  For further information on tax offsets please refer to the tax information page.


How do you get a NCP to pay child support if he or she is not fully reporting? [ top ]

Our office will engage in wide variety of enforcement measures to get the non custodial parent 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 federal and state new hire lists, garnishing unemployment benefits, administrative review hearings, court hearings, and placing an income withholding order at a possible employer.  


Why does it take so long for me to receive child support when it is deducted from the NCP's paycheck?

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Child support payments deducted by an employer are forwarded to INSCU (Indiana Support Collection Unit).  The payment is posted to the appropriate case then sent to the payee (State of Indiana or custodial parent). 


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

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


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

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


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

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


My bank account has been levied. How can it be removed? [ top ]

Once your arrears are paid in full the levy will be removed.


I can't afford to pay off the arrears in full. Are there any programs that can help me pay off the arrears I owe? [ top ]

No.  These arrears are owed to the child and cannot be discounted.


Why doesn't the employer garnish according to court order, for example, on the first and fifteenth of each month? [ top ]

The employer is required to make a payment as it is withheld from your check.  If you get paid on a bi-weekly or monthly basis, that is how the employer will send it to the Central Disbursement Unit.


How can I open a criminal case against the NCP for nonpayment? [ top ]

CP's can make a request for CSSD to review a case for criminal prosecution. If all civil enforcement remedies have failed, the case may be reviewed for criminal charges. There are many factors to be considered when reviewing for criminal charges. In the event that a case meets all the criteria for criminal prosecution, it will be forwarded to the Criminal Prosecution Division for further review and implementation.

A felony charge of Nonsupport of a Dependent 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 is met, including, but not limited to: A child support arrearage over the amount of $15,000.00; Dependent children are under the age of eighteen; The child support order is enforceable, i.e., the absent parent is not disabled or incarcerated for extended periods of time.
 
You should be aware that filing a felony charge of Nonsupport of a Dependent Child is not a further attempt of collecting child support payments. The goal of filing a felony charge of Nonsupport of a Dependent Child is prison time. 

If you feel that your case should be considered for a felony, please contact your case worker and request a review by the Child Support Felony Division.


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

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


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

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If you are receiving SSI, please contact your caseworker and bring proof of your SSI receipt to our office. 


I am currently receiving Unemployment Insurance benefit (UIB) and/or Disability Insurance Benefit (DIB). Do I still have to pay child support? [ top ]

Yes, the child support order continues until a Court would say otherwise


Why did Child Support stop me from obtaining a passport? [ top ]

All child support cases with an arrearage of $2,500.00 or more will be denied a passport until the child support arrearage is paid in full or satisfactory payment arrangements are made.


Modifying Existing Orders

Does the Child Support Services Department do modifications of child support orders? [ top ]

Yes, the Child Support Division does modification as long as they meet the proper criteria.  For further information on modifications please refer to the modification section on the custodial and non custodial parent page.


Can we avoid having to go to court to modify the court order? [ top ]

Yes.  If both parties agree, you may be able to sit down with a caseworker and/or attorney in our office to go over the agreement.   


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

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. 


General Information

I am the NCP and an attorney represents me. Can a child support officer speak with me regarding my case? [ top ]

You are always more than welcome to provide the Child Support Office any information pertaining to a change of employment or address, but we recommend for other issues for you to contact your attorney.


How can I obtain a copy of my court order? [ top ]

To obtain a copy of your child support court order, you would need to go to the clerk's office in the courthouse where child support order was established.  The Saint Joseph County Prosecutor's Office will not help you obtain a copy of your court order.