Opening a Case
1. Who can I contact for general information about child support or my case in particular?
We accept phone calls, but are currently not taking walk-in visits at this time due to our current office transition and legal privacy
requirements.
2. Who is able to open a case in your office?
All residents of Johnson County are able to open a case in our office. If no order exists you may sign up for services in any county. If an order exists, the case must be enforced in the order county. 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 services.
3. What is the cost for services?
If you are currently receiving TANF or Medicaid there is no charge for the service. Otherwise there is a one-time $25 fee for all other cases.
4. Can I open a case for arrears only?
Yes, but you must provide court orders necessary to figure the arrears along with all payments made.
5. 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?
Yes-Please follow the instructions listed below on question #7.
6. What if I do not have my own court order or if we were never married? Can child support services still help me?
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.
7. How do I open a case with your office?
You may pick up an application at the office or you can print out an application on line by clicking here. Once you have completed the application and gathered all necessary documentation, please drop off or mail it to our office. You will be contacted by your enforcement agent regarding any additional information that may be necessary to enforce your case within 2 weeks of the date your application was received by the office.
Establishing a Court order
8. 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?
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 also request a genetic test when brought before the court, if our office is attempting to establish paternity.
9. How is the amount of child support determined?
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 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 house hold, daycare expenses, and ext.)
The Court, after hearing all of the evidence, has the final say on a child support order.
10. 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 the children. Under the law we are required to file different actions for 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.
Enforcing a Court Order and Collection of Payment
11. I’m the non-custodial parent (NCP) and I dispute the amount of arrears I owe.
If you are the non-custodial parent and are disputing the amount of arrears owed, we recommend that you contact your child support enforcement agent 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, ect.) After you contact your enforcement agent, the enforcement agent will conduct an arrears review, in this review the enforcement agent will use the payment history records (which you can obtain at the Johnson County Clerks 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 you the review is complete 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 be up to you to provide with evidence why the review is erroneous and what the correct amount should be or to request a hearing from the court.
12. An income withholding has been sent on my case to the NCP’s employer. When can I expect the first payment?
Once an employer has received an income withholding 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 Central Collection Unit (INSCCU).
13. I just received a notice that my driver’s license was suspended and I don’t understand. My driver’s license has been suspended. How do I get it back?
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 an income withholding sent to your employer, the office will not purse the suspension at this time.
You will need to contact the office with your current employment information and make arrangements for an income withholding to be sent to your employer. Once payments have been received consistently by that income withholdings for three (3) months, you may contact the office again to have your case reviewed for a reinstatement.
14. How far behind does NCP have to be before collections will begin?
The child support division will begin work on a case as soon as it is opened in the office. Contempt can only be filed against the NCP if they are the equivalent of four weeks behind in support.
15. 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 twenty one (21) unless specifically stated in the court order or the child is otherwise emancipated due to marriage or joining the armed forces. The child support division will enforce a current child support order to the age of emancipation and collect any remaining child support arrears owed to you.
16. You took my tax refund check even though I’ve been making payments on my own or through an Income Withholding. Can I get my refund back?
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.
17. How do you get the NCP to pay child support if he or she is not fully cooperating?
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.
18. Why does it take so long for me to receive child support when it is deducted from the NCP’s paycheck?
Once an employer has received an income withholding 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 Central Collection Unit (INSCCU).
Child support payments deducted by an employer are forwarded to INSCCU (Indiana Support Central Collection Unit). The payment is posted to the appropriate case then sent to the payee (State of Indiana or custodial parent).
19. How is it possible that I am delinquent when I have always paid by income withholding?
The child support order could have been retroactive: meaning it started as of the date the petition for support was filed with the court.
20. Can I pay my child support with a credit card over the phone?
No, the Indiana State Central Collection Unit does not accept credit card payments.
21. My spouse’s portion of our joint 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, specifically an injured spouse form.
22. 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?
No. These arrears are owed to the child and cannot be discounted.
23. Why doesn’t the employer garnish according to court order, for example, on the first and fifteenth of each month?
The employer is required to make a payment as it is withheld from your check. If you get paid on a weekly or monthly basis, that is how the employer will send it to the State Central Collection Unit.
24. How can I open a criminal case against the NCP for nonpayment?
CP’s can make a request 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; Dependent children are under the age of eighteen (18) ; 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 typically prison time.
If you feel that your case should be considered for a felony, please contact your enforcement agent and request a review by the Child Support Felony Division.
25. Can I have my child support payments directly deposited into my bank account?
Please contact the KIDS line at 233-KIDS or 1800-840-8757 or via the internet at www.mychildsupport.in.gov for methods of receiving child support payments.
26. I am currently receiving SSI and can’t afford to pay child support. What should I do?
If you are receiving SSI, please contact your enforcement Agent and bring proof of your SSI receipt to our office.
27. I am currently receiving Unemployment Insurance benefit (UIB) and/ or Disability Insurance Benefits (DIB). Do I still have to pay child support?
Yes, the child support orders continue until the court says otherwise.
28. Why did child support stop me from obtaining a passport?
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
29. Does the Child Support Enforcement Office do modifications of child support orders?
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 noncustodial parent page.
30. Can we avoid going to court to modify the court order?
Yes. If both parties agree, you may be able to sit down with a enforcement agent and /or attorney in our office to go over the agreement.
31. 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.
General Information
32. I am the NCP and an attorney represents me. Can my enforcement agent speak with me regarding my case?
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.
33. How can I obtain a copy of my court order?
To obtain a copy of your child support court order, you need to go to the clerk’s office in the courthouse where child support court order was established. The Johnson County Prosecutor’s Office will not help you obtain a copy of your court order.