The most recent U.S. Census reports approximately half, or 48.9 percent, of all custodial parents have either legal or informal child support agreements in place, while it’s estimated that half of all Black children live in custodial-parent families.
It’s safe to say, many parents and family members are seeking child support and several of them lack the basic knowledge of obtaining that support.
The Indianapolis Recorder Newspaper sat down with local attorney Pamela Grant Taylor to discuss common scenarios and questions pertaining to child support.
Indianapolis Recorder Newspaper: If an individual has two children with different fathers, is it possible for one child to receive more financial support than the other?
Pamela Grant Taylor: You have to do two separate calculations. Yes, this is possible. If there are two children and they have the same mother but different fathers, then it’s based upon the income of the fathers (involved). If one father makes more money than the other, the calculation will be different. It starts off with a basic calculation available on the Indiana Supreme Court website. It also depends on the child’s age.
Do you find most states have a Child Support Calculator?
Many states have adopted a calculator because in 2005, the collection of child support was federalized. So many states have adopted child support guidelines and offer calculators available online.
If someone is married, will their spouse’s income be considered in child support calculation?
No, only the parent of the child.
Are there any programs in Indiana dedicated to helping people catch up on missed child support payments?
We don’t specifically have programs, but they do allow individuals to make payments in addition to their regular payments, but one has to be proactive in getting that done. For example, if one is $5,000 over arrear, there may be an additional $10-$15 a week added on the obligation.
A lot of people aren’t aware that child support now stops at age 19 in Indiana and that’s been the case since July of 2012. Indiana was a state that still had the guideline set at 21 years old and a lot of surrounding states had theirs at 18.
If one parent isn’t paying child support, how can the other parent hold them accountable?
Enforcement units are available at the Marion County Prosecutor’s Office but that’s only helpful if the noncustodial parent is employed where they can do income withholding. If the parent is self employed, it’s more difficult to collect because the means of collection would come from tax refunds or limiting activity. It still doesn’t guarantee payment for the custodial parent. I find it’s less expensive for the custodial parent to use the services of the prosecutor’s office because there is only a fee of $25 but if they have to pay a private attorney, they’re looking at hourly rates.
What can be taken away if an individual doesn’t make child support payments?
Their driver’s license can be suspended if their child support payments are more than $1,500 in arrear. It can also prevent renewal of professional licenses, passports or visas or if they’re in the military, there are other provisions in order where they could be subject to a court martial. (The government) can intercept tax refunds, both state and federal for nonpayment and put liens on vehicles owned by the non-custodial parent so they won’t have the ability to sell it or use the proceeds.
What if an individual is paying child support and sees the funds aren’t being used directly for the child or the child’s benefit?
There’s not a whole lot the court can do about that. They aren’t going to step in and do an evaluation of how the money was spent. If there is indication the child is being abused or neglected, then the noncustodial parent can report that but then it becomes a sticky situation because it comes to if they want to subject their child to an investigation by the department of child services for abuse and neglect.
What if a parent wanted to sign over their rights to a stepparent, is this possible for them to then have no connection to the child?
No, there is no way this is possible unless the stepparent plans to adopt the child. This is the only time someone can voluntarily give up parental rights. There isn’t any state that allows that to happen unless adoption takes place.
If married parents divorce and the former husband later learns he is not the biological father, is he still obligated to make child support payments?
If he signed the child’s birth certificate and there is no issue about it when the couple divorces, then yes, he is legally considered that child’s father. It can be very difficult for him to try to get that paternity judgement set aside in that instance. Even if people are married, I always encourage fathers to get DNA tests because you know for certain and if later they decided to get a divorce, special provisions can be put into the divorce agreement that the husband isn’t the father of the child in the marriage. It’s not to say anything bad about the mother. I always tell people you have 19 years to establish paternity of a child, but you only have 60 days to satisfy the paternity affidavit if it’s wrong, and it takes more than 60 days to get your DNA results back.
What about that child’s biological father? Are they held accountable at some point?
It’s kind of a lost cause. It depends on if the court considers setting that paternity affidavit aside and the biological father wants to step in and establish paternity for the child as well.
Can child support debt ever disappear or be forgiven?
With child support arrears, if the parent who’s supposed to receive the arrears had made an agreement that they don’t want to receive it, but it can’t be for future child support payments.
To set up an appointment with Attorney Pamela Grant Taylor to have your personal child support questions addressed, call (317) 991-3921. For more information on child support and custody, visit In.gov/dcs/support.
