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Indiana Child Support Questions & Answers
1 Answer | Asked in Child Support and Workers' Compensation for Indiana on
Q: Why contempt court for unreported child support instead of garnishing benefits?

I reported the non-custodial parent is receiving workers' compensation benefits from the U.S. Department of Labor, which he hasn't reported. This was reported three months ago. The last two hearings resulted in either an increased obligation for the non-custodial parent or keeping the... View More

Charles Candiano
Charles Candiano
answered on Mar 9, 2025

When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Child Custody court order question

I share custody of my child with someone who doesn't have a job or a car and owes thousands in custody payments. I've been picking up and dropping off my daughter for years. I'm being taken advantage off.

What’s on the court order is I have to make reasonable... View More

Eric Kristen Doyle
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answered on Oct 30, 2024

What is considered "reasonable" as defined in your Order on Child Support is going to be up to the interpretation of the Judge who issued that Order. For some, it may be considered reasonable to make such accommodations in the name of facilitating parent-child relationships, for others it... View More

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Claiming kids on taxes.

When child support was established, we also signed an agreement with the prosecutor saying that we take turns every year claiming the kids on taxes as long as I am a certain percentage caught up on my child support, and if I’m not, then I’m not able to claim them that year. So earlier in the... View More

James L. Arrasmith
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answered on Feb 25, 2024

Based on the agreement you signed with the prosecutor, you still need to meet the requirement of being caught up a certain percentage on child support in order to claim the children on taxes, even though your ex has temporarily stopped the formal child support order.

The key factors here...
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1 Answer | Asked in Child Support, Family Law, Constitutional Law and Federal Crimes for Indiana on
Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?

I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids... View More

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act... View More

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Do child support garnishments automatically stop when my child turns 21?

I live in Indiana, and my daughter, who lives in New York with her mother, turns 21 this month. The garnishment for child support is automatically processed through a court order. I would like to know if there is a specific form I need to fill out to stop the garnishment, or will it automatically... View More

James L. Arrasmith
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answered on Jul 11, 2025

You’re asking a very important question, and it’s good that you’re being proactive. In Indiana, child support generally ends when the child turns 19, unless there’s a court order extending it for specific reasons. Since your daughter lives in New York, and you mentioned she turns 21 this... View More

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can new biological children impact existing child support order in Indiana?

I have been under a court order for child support in Indiana for the past 11 years. I now have three additional biological children, ages 5, 3, and 1. I haven't experienced any significant changes in my income, and there are no current legal proceedings regarding my child support order. Can my... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're asking an important question that affects both your responsibilities and your ability to support your whole family. In Indiana, the birth of new biological children can be taken into account when a child support order is reviewed, but it won’t automatically lower or raise your... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Indiana on
Q: Seeking guidance on visitation rights for my 2-year-old daughter before a court hearing on 6/17 in Indiana.

I am seeking legal guidance regarding visitation rights for my 2-year-old daughter. I have not seen her since she was around 4 months old due to a traumatic situation involving her mother, who currently has custody. She shot me in an incident that has deeply affected our lives. There have been no... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re going through is incredibly difficult, and it’s clear that your goal is to reconnect with your daughter and ensure her safety and well-being. In Indiana, both parents have a right to request parenting time, even when there’s been a long period without contact, as long as the court... View More

1 Answer | Asked in Domestic Violence, Child Custody, Child Support, Employment Law, DUI / DWI and Family Law for Indiana on
Q: Worried about custody after no-contact order ends with husband (IN)

I'm concerned about what to do after a 10-day no-contact order with my husband ends, as I fear he might try to take our young daughter out of the house. He previously attempted to drag me out of the car while our toddler watched. I haven't filed for custody or a protection order yet, but... View More

James L. Arrasmith
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answered on May 14, 2025

vYour safety and your child’s well-being come first, so it’s important to act quickly and thoughtfully. If you fear that your husband may try to take your daughter or put her in danger after the no-contact order ends, you should strongly consider filing for a protection order that includes both... View More

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can I pursue back child support for my 2 children in Indiana?

I have two children, ages 2 and 3, and I want to know if I can pursue back support for them in Indiana. Their father has been uninvolved by his choice, and we have been separated for almost 6 months. I haven't requested court involvement yet, and am struggling financially due to his lack of... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you can pursue back child support in Indiana, but only after you officially open a child support case with the court or the local child support enforcement agency. Indiana does allow retroactive child support, but it typically only goes back to the date you file—not the entire time... View More

1 Answer | Asked in Family Law, Tax Law, Child Custody and Child Support for Indiana on
Q: Can I be held in contempt of court for not filling out the 8332 form when it comes to taxes

Our court order states that we are supposed to alternate tax years I never fully agreed to this because I didn't think it was fair because I'm the one that does 98% of care for our child he pays child support that he was forced to pay and that's it and I need the money more can I be... View More

James L. Arrasmith
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answered on Jan 12, 2025

If you don’t complete Form 8332 as your court order requires, the court could potentially hold you in contempt. Courts take their orders seriously, and not following them might lead to legal consequences.

Since you’re providing most of the care for your child and need financial support,...
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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Domestic Violence for Indiana on
Q: To whom it may concern. I am curious if you guys deal or take on civil matters as in. Seperation, child support, ect.

I am being stripped of my legal rights and threatened to not being able to see my child. And my name is being slandered in the worst cases.

James L. Arrasmith
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answered on Sep 25, 2024

I'm sorry to hear that you're facing these challenges. When dealing with civil matters like separation, child support, and custody issues, it's important to seek proper legal counsel to protect your rights. Family law can be complex, and your situation may require professional advice... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My ex and I have a temp order that ends in Aug. He begged me and begged for a year to let him move back to Texas

With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?

James A Hanson
James A Hanson
answered on Jul 9, 2022

There is much confusion about what "custody" actually means.

If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....
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1 Answer | Asked in Child Support for Indiana on
Q: If I inherit property from my father can child support put a lien on the property for back child support that is owed

The child is an adult now.There is no child support order just the old support that is owed

James A Hanson
James A Hanson
answered on Jun 20, 2022

The answer depends on information not provided in your question. Those details are best discussed directly with an attorney, in any event.

If the back support has been reduced to a judgment against you, then your ex can use normal debt collection processes to collect the back support. If...
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1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can the state still collect child support although the father has been paying me monthly and ive reported it?

I moved to indiana from cali. When i lived in cali, i had to apply for help as i had a min paying job and the father became the daycare as daycare was outrageously expensive. He did side jobs and gave me money. I reported this as well. We eventually worked out our differences and moved to indiana... View More

James A Hanson
James A Hanson
answered on Jun 10, 2022

Indiana does not allow retroactive changes to child support. However, you can explain to a court that payments were made to satisfy child support to eliminate arrearages.

You should probably get the child support re-calculated now that your financial and expense situations are different...
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1 Answer | Asked in Child Support for Indiana on
Q: Emancipation, Does child support terminate after the child graduates from college? Ex wife still wants money.

Porter county Indiana

James A Hanson
James A Hanson
answered on Jun 1, 2022

Standard child support ends when the child achieves the age of 19. Child support during the college years generally requires an additional order from the Court specifying how much each parent is to contribute to the cost of education.

You should review your child support order to see...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Does suspended parenting time mean NO CONTACT?

My parenting time has been suspended pending a hair follicle test being submitted to the court and my ex-husband in Indiana.. does that mean NO CONTACT? He won't let me speak to them by phone and has even changed my son's play station account password and email so I can't send vbucks.

James A Hanson
James A Hanson
answered on May 22, 2022

It is impossible to answer your question specifically with the information provided. Also, it would not be appropriate to provide more detail in this venue.

I would presume from what you have shared that the Court simply suspended in-person parenting time. You should read the actual order...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Order dismissing Upon motion of the petitioner, this action is dismissed without prejudice and stricken from the docket
Troy Tyson
Troy Tyson
answered on Sep 14, 2021

It is unclear what exactly you are asking, but just as a general answer, if a filing or an action was "dismissed without prejudice and stricken," that means that the court has terminated it and will take no further action on it, but the "without prejudice" part means that the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: I was served with court papers from my ex boyfriend for paternity/custody. I’m not pregnant what do I do?
Troy Tyson
Troy Tyson
answered on Sep 2, 2021

You may consider filing a counterclaim or challenging his paternity in court. However, your question does not provide many specifics so it is difficult to say. You might seriously consider sitting down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Unmarried couple with 2 kids. House and vehicles only in my name. Can she take one vehicle and I'll pay for it?

If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?

Troy Tyson
Troy Tyson
answered on Jun 4, 2021

Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... View More

Troy Tyson
Troy Tyson
answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... View More

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