Child Support Warrant Lawyer: How Far Behind on Child Support Do I Have to Be Before a Warrant is Issued in Indiana?

Failure to pay child support in Indiana can have serious legal consequences, including the issuance of a warrant for your arrest. Indiana law takes child support obligations seriously to ensure that children receive adequate financial support. The state has enforcement mechanisms in place to promote the welfare of children and ensure that parents fulfill their financial responsibilities.

If you or someone you know is facing issues related to child support enforcement, understanding the legal process and potential repercussions is critical. At Mattox Wilson, we provide legal representation for parents dealing with child support matters, including those at risk of facing a warrant. Contact us today to discuss your case with a child support warrant attorney.

Indiana’s Child Support Laws and Enforcement Measures

In Indiana, you can be found in contempt of court for nonpayment of child support in violation of a court order. Indiana Code § 31-16-12-6 outlines the enforcement measures available when a parent falls behind on payments. The Indiana Child Support Bureau (CSB) oversees the enforcement of these obligations, utilizing various legal tools to ensure compliance.

Some of the common enforcement actions include:

• Wage garnishment – Employers can be ordered to withhold child support from a parent’s paycheck.
• Suspension of licenses – The state may suspend driver’s licenses, professional licenses, and even recreational licenses.
• Tax refund interception – Federal and state tax refunds can be seized to cover unpaid child support.
• Bank account seizure – Funds from bank accounts may be frozen or taken to satisfy overdue payments.
• Civil contempt proceedings – A court may find a parent in contempt of court, leading to penalties including fines or jail time.

When Does a Child Support Warrant Get Issued?

A warrant for arrest is typically issued when a parent is significantly behind on child support and has failed to comply with court orders or enforcement measures. In Indiana, a warrant may be issued under the following circumstances:

1. Contempt of Court – If a parent repeatedly fails to pay child support, the court may hold them in contempt. Contempt hearings often result in a warrant if the parent does not appear.
2. Failure to Appear at a Hearing – If a parent is summoned to court for a child support enforcement hearing and does not attend, the judge may issue a bench warrant.
3. Deliberate Non-Payment – If a parent is found to be intentionally avoiding child support payments despite having the means to pay, the court may issue a warrant for their arrest.
4. Federal and State Child Support Enforcement – Under the Child Support Recovery Act (CSRA) and the Deadbeat Parents Punishment Act, failure to pay child support across state lines or in large amounts may result in federal prosecution and criminal penalties under specific circumstances, such as when the child lives in another state or the payment is significantly overdue. It is a federal felony to intentionally move states to evade child support enforcement.

How Much Do You Have to Owe Before a Warrant is Issued?

There is no fixed dollar amount that triggers an automatic warrant in Indiana. However, courts generally take action when payments are significantly overdue or when the total unpaid balance reaches thousands of dollars. Additionally, parents who are behind by at least $15,000 or have missed payments for at least 12 months may face more aggressive enforcement measures as they may be charged with Level 5 Felony.

Each case is evaluated individually, and courts consider factors such as income, employment status, and the efforts made to pay child support.

Consequences of a Child Support Warrant

If a warrant is issued due to unpaid child support, the consequences can be severe:

• Arrest and Jail Time – Law enforcement officers can arrest the parent at any time, potentially leading to jail time. Failure to pay child support can result in criminal charges, which may include fines and varying prison sentences based on the duration and amount of overdue payments.
• Bond Payments – Some courts require the parent to pay a portion of the overdue support as a bond to be released from custody.
• Public Record – Warrants become part of the public record and may negatively impact employment opportunities and social reputation.
• Passport Denial – Parents who owe more than $2,500 in back child support may have their passport applications denied or existing passports revoked under federal law.

Defending Against a Child Support Warrant

If you are facing a child support warrant, legal representation is critical. A child support warrant lawyer can assist in the following ways:

• Filing a Motion to Modify Child Support – If your financial circumstances have changed, you may request a modification to your child support order.
• Negotiating a Payment Plan – Courts may allow parents to make arrangements to settle past-due amounts without severe penalties.
• Representing You in Contempt Hearings – A lawyer can present evidence that you are making good-faith efforts to pay child support, potentially enabling you to avoid jail time.
• Requesting a Warrant Recall – If a warrant has been issued, an attorney can petition the court to lift it in exchange for compliance with a new payment schedule.

Frequently Asked Questions (FAQs)

Can I Go to Jail for Not Paying Child Support in Indiana?

Yes. If the court finds that you willfully refused to pay child support, you could be sentenced to jail time. However, courts typically provide opportunities to make payments before imposing incarceration.

How Can I Find Out If There Is a Warrant for My Arrest Due to Child Support?

You can check with the local court clerk’s office or law enforcement agency in the county where your child support case is filed. An attorney can also help verify if a warrant exists and advise on your options.

Can I Get My Driver’s License Back If It Was Suspended for Child Support?

Yes, but you must take steps to comply with the child support order. This may include making a lump-sum payment, agreeing to a payment plan, or attending a hearing to request reinstatement.

What Should I Do If I Cannot Afford My Child Support Payments?

If you experience financial hardship, you should petition the court for a modification as soon as possible. Child support obligations do not adjust automatically, and unpaid amounts continue to accrue.

Can Child Support Debt Be Cleared Through Bankruptcy?

No. Child support debt cannot be discharged in bankruptcy. Courts consider child support a priority obligation that must be paid.

What Happens If I Move Out of State to Avoid Child Support Payments?

Relocating does not eliminate your child support obligation. Under federal law, interstate child support enforcement ensures that payments are still collected, and you may face federal prosecution for willful non-payment.

How Can an Attorney Help If I Am Behind on Child Support?

A child support warrant attorney can assist in negotiating payment arrangements, filing legal motions to modify support, and defending against enforcement actions. Seeking legal advice as soon as possible can help prevent further legal consequences.

Contact Mattox Wilson for Legal Assistance

If you are behind on child support and concerned about a potential warrant, taking action now is essential. At Mattox Wilson, we provide legal representation for individuals facing child support enforcement issues. Our attorneys can help you understand your rights and responsibilities, explore legal options, and work toward a resolution that prevents further legal consequences. Call us today to schedule a consultation and discuss your case with a child support warrant lawyer.