Indiana Felony for Failure to Pay Child Support: Can a Parent Be Charged?

Child support is a crucial obligation that ensures the well-being and financial stability of children in Indiana. But what happens when a parent fails to fulfill this obligation and accumulates back child support? Can failing to pay child support lead to criminal charges, including a felony? This blog post explores Indiana’s laws on child support enforcement and the potential legal consequences for non-payment.

If you have questions about your child support obligations or need legal assistance with enforcement or defense in Indiana, contact our office today. As experienced child support attorneys, we are here to provide the guidance and support you need to navigate these challenging issues. Schedule a consultation now to protect your rights and secure your family’s future.

Indiana’s Child Support Laws and Enforcement

Child support laws in Indiana aim to protect the welfare of children by ensuring both parents contribute financially to their upbringing. When a court orders child support, it is legally binding. The Child Support Division plays a crucial role in enforcing child support payments, utilizing various enforcement methods such as establishing regular payment plans, collecting arrearages, and using legal measures like contempt of court and income withholding orders to ensure compliance from the non-custodial parent. Failure to comply with this order can result in serious legal and financial consequences.

Indiana enforces child support orders through several mechanisms, including wage garnishments, tax refund intercepts, liens, and even criminal charges. Under Indiana Code 35-46-1-5, failure to pay child support can result in a Level 6 felony charge (also referred to as a Class D felony), which is punishable by up to three years in prison.[1] Under certain circumstances, a parent can be charged with a more serious Level 5 felony (i.e., Class C felony, which carries a higher penalty of up to eight years in prison.[2]

When Does Non-Payment of Child Support in Indiana Become a Level 5 Felony?

Failing to pay child support in Indiana is not always charged as a felony. Prosecution is typically triggered by the duration of non-payment or amount of unpaid support or by the non-custodial parent intentionally evading child support, such as by quitting a job or being voluntarily unemployed to avoid a wage garnishment. Under Indiana law, a parent may face Class 5 felony charges if:

• The delinquent payments total $15,000 or more.
• Overdue child support payments are overdue for at least one year.

These criteria ensure that the harshest penalties are reserved for cases of severe non-compliance. However, even smaller amounts of unpaid child support can result in charges or civil penalties.

How Does Indiana Enforce Child Support Obligations?

Indiana takes a proactive approach to child support enforcement. Various state agencies work together to hold non-compliant parents accountable. Common methods include:

1. Wage Garnishment: Employers can be required to withhold child support directly from the paying parent’s wages through an income withholding order.
2. Tax Refund Intercepts: State and federal tax refunds may be intercepted to cover unpaid child support.
3. License Suspension: Non-payment for at least six months can lead to the suspension of a driver’s license, as well as professional or recreational licenses.
4. Civil Contempt Proceedings: A parent who willfully refuses to pay child support can be held in contempt of court, resulting in fines or jail time.
5. Liens: A prosecutor can establish a lien against the property of a delinquent parent.
6. Criminal Charges: If the non-payment meets the felony criteria, the case can escalate to criminal court.

The Felony Process for Non-Payment

The process of charging a delinquent parent with a felony typically involves the following steps:

1. Investigation: The Indiana Department of Child Services investigates the delinquency, gathering evidence to confirm the amount owed and the parent’s ability to pay.
2. Filing Charges: If evidence supports the case, the prosecutor files felony charges under Indiana Code 35-46-1-5.
3. Court Proceedings: The accused parent will face criminal court proceedings. The court will consider factors such as:

• • The parent’s financial situation.
  • The reasons for non-payment.
  • Any efforts to resolve the arrears.

4. Sentencing: If convicted, the parent may face penalties such as:

• • Jail time.
  • Restitution payments to cover unpaid child support.

What Are The Consequences of a Felony Conviction in Indiana?

A felony conviction for failing to pay child support can have long-lasting repercussions beyond legal penalties. These may include:

• Incarceration: Convicted parents may serve time in prison, depending on the severity of the offense and other circumstances.
• Damage to Reputation and Employment Opportunities: A felony conviction can make it difficult to find employment, housing, or other opportunities.
• Suspension of Professional License: Courts may suspend a parent’s professional license as a penalty for non-compliance, significantly impacting their professional life.
• Impact on Parental Rights: Chronic non-payment and a felony conviction can influence future custody or visitation rights.

What Defenses Are Available Against Felony Charges for Unpaid Child Support in Indiana?

Not all cases of unpaid child support result from willful non-compliance. Defenses may include:

1. Inability to Pay: If the parent can demonstrate a genuine inability to pay due to unemployment, medical issues, or other hardships, the court may consider alternative resolutions.
   • The court may require the parent to complete community service as part of the enforcement measures if they are found in contempt of court and unable to meet their financial obligations.
2. Disputes Over the Amount Owed: Errors in calculation or record-keeping can sometimes inflate the arrears amount, making it appear that the parent owes more than they actually do.
3. Attempted Payments: Evidence of good-faith efforts to pay, even if partial, may mitigate the charges.

What Should I Do If I Can’t Pay Child Support in Indiana?

Parents struggling to meet their child support obligations should take proactive steps to avoid legal consequences. Options include:

• Modifying the Child Support Order: Parents who experience significant changes in income or circumstances can petition the court for a modification of their child support order. This can help ensure that child support payments remain manageable and reflect the current financial situation.
• Communicating with the Court or Enforcement Agency: Open communication about financial difficulties can demonstrate good faith and prevent further legal action.
• Seeking Legal Assistance: An experienced family law attorney can help parents understand their rights and options for resolving child support issues.

How Mattox and Wilson Can Help – Schedule A Consultation With An Experienced Child Support Attorney Today.

Child support enforcement is essential to the well-being of children, ensuring they receive the financial support needed for housing, education, healthcare, and other necessities. Fulfilling a child support obligation is crucial, as courts and state agencies take these obligations seriously, reflecting the importance of protecting the child’s best interests.

If you or someone you know is facing issues related to child support, whether as a custodial parent seeking enforcement or a paying parent struggling to meet obligations, Mattox and Wilson, Attorneys at Law, are here to help. Our experienced team provides compassionate guidance and effective legal representation for all family law matters.

If you are dealing with child support disputes, potential felony charges, or enforcement issues, contact Mattox & Wilson for a consultation. We understand the complexities of Indiana’s child support laws and are committed to helping you find the best resolution for your unique situation. Reach out today to protect your rights and secure your family’s future.

[1] Indiana Code § 35-50-2-7. Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor :: 2023 Indiana Code :: US Codes and Statutes :: US Law :: Justia

[2] Indiana Code § 35-50-2-6. Class C Felony; Level 5 Felony; Commission of Nonsupport of Child as Class D Felony :: 2023 Indiana Code :: US Codes and Statutes :: US Law :: Justia