Indiana Child Support Emancipation – Is a Change Coming to the Emancipation Age?

Posted on January 16, 2012 by jeffhaupt

While there have been discussions in the past to change the age of emancipation in Indiana (as we are one of only two states with a 21 year old emancipation age) it seems like there is actually some movement this year on getting the number changed to 19. This would put Indiana in line with the majority of states. In addition, the current bill would still leave intact the ability for a Court to award college expenses.

This change would save on a great deal of litigation over whether or not a child is truly capable of supporting him or herself, as currently required by the emancipation statute for a parent seeking to stop paying child support before the child turns 21. Yet, it still protects those children who are going to pursue additional education by allowing for the award of a college expense order.

You can read the currently proposed Senate Bill Number 18 here.

South Bend Child Support Lawyer – Revisiting the Meaning of Contempt for Not Paying Child Support

Posted on January 13, 2012 by jeffhaupt

For the most part, debtor’s prisons have been eliminated in the United States. The one exception to this general rule is in the area of enforcing a child support order. A non-custodial parent who has a Court Ordered child support obligation runs the risk of being incarcerated (or coerced) into paying child support if he or she willingly refuses to pay. The Indiana Supreme Court has summed it up nicely by saying:

A child support order is enforceable by contempt only if the parent has the financial ability to pay the support due and his or her failure to pay is willful. Pettit v. Pettit, 626 N.E.2d 444, 447-48 (Ind. 1993)

So by this definition it would appear that if you are looking for work, making the majority of a weekly child support obligation payment, you would not run the risk of being found in contempt. Well, the Indiana Court of Appeals would at least agree with you.

In the case In re G.B.H., 945 N.E.2d 753 (Ind. Ct. App. 2011), the Court of Appeals had overturned a lower court’s ruling that a father was in contempt for non-payment of child support. Essentially, the father was paying the majority of his court ordered child support payments out of his unemployment and attempting to make up the short-fall by doing odd jobs until he could find full-time employment.

He fell behind by $2 per week when he was found to be in Contempt for failing to pay child support.

The Court of Appeals found that the Contempt finding was a stretch as the non-custodial parent was presenting evidence at various court hearings to show that he was attempting to find work, was working a variety of odd jobs to try to make up some of the arrearage payments, and his unemployment was covering all but $2 of the Court Ordered Child Support amount.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, and license suspensions; and financial matters such as Bankruptcy and Foreclosure. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

Felony Charges and Child Support – Indiana Child Support Lawyer

Posted on November 1, 2011 by jeffhaupt

Indiana law has two different felonies under which a person can be charged for failing to pay child support. Essentially, the way that the statute is written, is that it is possible to be charged with a Class D Felony for missing a single payment, although, you would be hard pressed to find a prosecutor willing to do that. If the amount of child support arrearage alleged is over $15,000 then it is possible for the charge to be a Class C Felony.

What happens if I am charged with a child support felony?

Once you are charged with a Felony for failing to pay child support, your case will be treated like any other criminal charge. You have the same rights as you would have if you were charged with a crime such as theft. The Court will first determine if probable cause exist and if so a warrant will be issued for your arrest and an initial bond will be set. Once you are brought before the Court (or appear before the Court if you bond out) the court will determine whether or not you will be hiring counsel or if a public defender will be appointed and what your initial plea will be (typically not guilty).

After the initial hearing, the court will set several different hearings such as an omnibus date, a record date, plea bargain deadline date, and a trial date. The first couple of dates are used for the purposes of allowing the prosecutor’s office to amend charges. The plea bargain deadline date is the date that the Court wants the State and the Defendant to reach an agreement by (if there isn’t going to be a trial). Finally, the trial date is set as well. Again, just like any other criminal case, you have the right to a jury trial.

What happens if I am found guilty of felony non-support?

The most important thing to understand is that most cases that reach this point, are well beyond the civil enforcement stage (contempt hearings, driver’s license suspension, etc). Most prosecutors are seeking punishment at this point. If you are faced with a Class D Felony Non-Support case, you could be looking at a possible jail sentence in the range of 6 months to 3 years. If you are faced with a Class C Felony Non-Support case, you could be looking at a possible jail term between 2 to 8 years.

Remember, that just because you are found guilty or plea guilty doesn’t necessarily mean that you would serve 8 years automatically. There are many factors that go into a sentencing hearing, such as the nature of the offense, prior convictions, what sort of sentence agreement might have been made in the plea deal, etc. If the court does order a sentence, the court can suspend the sentence and order you to serve a term of probation, execute the sentence, execute part of the sentence, have the defendant serve the sentence through a community corrections program, etc.

if you are facing felony child support charges, contact me today.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, and license suspensions. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

What happens if you don’t pay your child support? – Indiana Child Support Lawyer

Posted on October 29, 2011 by jeffhaupt

An order for child support can come up in a divorce case, a paternity action, CHINS case, etc. The child support order is a requirement by the Court that you pay a certain amount every week to the Clerk of the Court (or through the State of Indiana) for the support and maintenance of your minor child(ren). But, what happens if you don’t pay this child support order?

What happens if you can’t pay your child support order?

If you are faced with a legitimate situation where you truly cannot afford your child support order, then you may want to consider modifying the child support amount. This action can serve a couple of different purposes. First, it lets the Court know that you are in a position where the current child support order is not reasonable and you just simply cannot afford it. Second, it can reduce the child support amount to an dollar figure that you can actually pay.

If your case is being handled by the local county prosecutor’s Title IV-D child support office you should talk with your caseworker. By doing this your caseworker will know your current situation and may be willing to work with you to give you some time to find new employment, get out of jail, get your disability process started, etc.

What happens if you won’t pay your child support?

Yes there is a difference. Not paying your child support because you are not working because of no fault of your own (laid off, disabled, etc) is vastly different then choosing not to pay your child support. In many courts the decision not to pay your child support doesn’t have to be an outright refusal to pay in order to be found in contempt of court. For instance, if you had some money for whatever reason, but did not pay your child support and used the money on anything other than child support, you run a risk of being found in contempt.

There are situations where parents may get into a visitation dispute. What happens is the parent being denied parenting time decides to withhold child support payments. This is something that you should refrain from doing. Indiana law treats parenting time and child support as separate issues. By refusing to pay child support because you are being denied visitation you could be faced with a situation where a trial court could find you are in contempt of court because of your actions.

Penalties for not paying your child support

By not paying your child support your run the risk of being incarcerated, having bank accounts seized, getting your driver’s license suspended, having liens placed on your property, and in a worse case scenario being charged with a Felony. Obviously, these are all situations that should be avoided, and can usually be avoided if you take the right steps in keeping the Court or the child support office informed of your current unemployed status.

If you are faced with a situation where you are being ordered to appear before the Court for not paying your child support, you should consult with an attorney as being found in contempt of court can have some serious consequences tied to it. Once you are found in contempt you may be incarcerated, fined, forced to do community service, and lose your driver’s license.

if you are facing child support issues, contact me today.

Indiana Contempt Hearings and Family Law – South Bend Divorce Lawyer

Posted on October 28, 2011 by jeffhaupt

Getting a divorce decree finalized is important as the divorce decree sets forth who gets what, how much child support will be paid, what custody and visitation will look like, etc. In many situations most parties are able to live within the divorce decree with no serious problems or they are able to agree to another arrangement. In situations where the court orders are not being met by either party, then you may have to consider asking the Court to use its contempt powers to assist you in enforcing the divorce decree.

What is contempt?

Being held in contempt is being told by the court that you are violating the order of the court (intentionally or knowingly) by failing to pay child support, spousal maintenance, or by denying visitation or interfering with the non-custodial parent’s visitation rights. In order to be held in contempt, the party asking for relief from the Court needs to present evidence that shows that you are intentionally disobeying the Court’s order(s). The Court will then give the offending party the ability to present his or her evidence as to why the order is not being met.

What happens after being found in contempt?

If the Court determines that a party is contempt for violating the terms of a divorce decree or other family law order, then the Court has several different options. The idea behind the contempt punishment is not some much to punish, but to coerce the offending party to comply with the order. For instance, if the court finds someone in contempt for interfering with the visitation that the non-custodial parent has with the child, then the Court may order that the person be required to serve a jail sentence. The Court may suspend that sentence so long as the offending party complies with the visitation order.

When it comes to child support matters, the Court can order a jail sentence so long as a purge amount is set. So let’s say that the offending, non-paying party is found to be in contempt the Court then sentences the non-paying party to a 90 day jail sentence. The Court then must set what is called a purge amount. This purge amount can be used to avoid the jail sentence. So in the above situation the Court may sentence the non-paying party to 90 days or pay $2,000. If the person who is not paying child support is sentenced to this type of sentence, he or she can either serve the 90 day sentence or pay $2,000 to avoid the jail time.

if you are having difficulties with visitation or child support, contact me today.

Do I have to Pay Child Support if I am married? – Indiana Child Support Lawyer

Posted on October 25, 2011 by jeffhaupt

In many instances paying child support is something most people expect. If you are divorced and have children then usually someone is paying child support. If you have a paternity case and the child is born out of wedlock you typically have a child support order associated with that case. What about situations where the mother and father are married, but living in separate households? You may be surprised to learn that a child support can still be entered against the non-custodial parent in this situation.

Indiana Code 31-16-2 provides a set of rules as to when child support can be entered. The actions are specifically for child support, so in a situation where the Title IV-D Child Support office may be bringing the case, the Court will not address issues that may be more related to a divorce or legal separation.

The basis for allowing child support orders comes from the natural law duty of a parent’s obligation to support their child. So if you are in a situation where you are currently married, but one parent is outside the house, then there could be a situation where child support may be ordered by the Court.

if you have questions about child support or a child support hearing, contact my law office today.

Indiana Paternity Actions – What You Need to Know

Posted on October 14, 2011 by jeffhaupt

In most cases in Indiana paternity actions arise by the State filing to either establish paternity or because you filed a paternity affidavit. Either way the goal of the State is to typically obtain medical and child support orders for a child that is currently receiving some form of federal/state assistance (TANF, Medicaid, etc). What the State has to do is to establish who the father of the child is (either through a paternity affidavit or paternity/genetic test) and that the father (or in some cases the mother) should pay a reasonable amount of child support and provide health insurance if it is reasonably available.

What is paternity?

If you have been named in a paternity action or you named a person as the father in a paternity action then you are involved in a case where the Court will be attempting to resolve several matters. However, the Court cannot do anything until it is determined that the person named as the father of the child is determined by the Court to be the legal father and has a duty to support the child in question.

Paternity will be established in one of three ways. The first being an admission by the father that the child is his. Essentially after being advised of his rights, a court will allow the alleged father to admit the child is his child without the need for a genetic test. If that is done, then the court will proceed to make additional decisions regarding the child and parent’s responsibilities and rights.

The next way that paternity can be established is through the use of genetic testing. If a paternity establishment action is filed, then under the statutes of Indiana the alleged father has a right (or any party to the action for that matter) can request a genetic test. If after the test results are received and they show that by more than 99% probability that the man in question is the father of the child, then the Court will find that the alleged father is the legal father.

Finally, Indiana, like all other states, allows for paternity to be established by the use of paternity affidavits. The paternity affidavit is a document that is usually signed at the hospital shortly after the birth of the child. Both the mother and the father will sign the document acknowledging paternity of the child. The document sets forth the rights that the father gives up by signing the document. By signing the document, paternity will not be an issue of an action is brought for child support. Also, the father waives any right to genetic testing (unless brought within 60 days of signing the documents).

Child Support and Paternity Hearings

Again one of the main reasons that paternity actions are brought by the State of Indiana in order to establish a child support order. Once paternity has been determined or acknowledged, the Court will hear evidence as to what constitutes a fair child support order. Typically, this evidence comes in the form of a child support worksheet.

The child support worksheet will take into consideration the parties income (or the ability to earn income), how many other children or child support orders that they have, whether or not daycare is being paid for this child, medical insurance costs, overnight visitation and other expenses related to the child. The child support worksheet then presents to the Court and the parties a presumed fair amount to be paid for child support.

The Court has discretion to deviate from this “presumed” amount of child support. In cases where the parties may be living together, one party is waiting for social security disability, or the non-custodial parent is experiencing long term unemployment (due to no fault of their own) the Court may be more inclined to deviate from the child support worksheet.

Parenting Time, Custody and Paternity Actions

Another issue that will be considered in a paternity action is the issue of parenting time and custody. Many times the usual result will be that the mother will be granted custody with the father receiving a parenting time order that allows the parties to reach any agreement that they choose or if they cannot reach an agreement then the Indiana Parenting Time Guidelines will be their visitation order.

If the issue of custody and visitation is disputed, Courts will generally hear evidence on the matter. What the court will usually determine is whether there is enough evidence to at least consider a referral to a court agency or guardian ad litem to assist in determining which parent should be granted custody or what amount of parenting time would be appropriate.

if you need legal help with your paternity action, contact me today

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, license suspensions, and for Bankruptcy. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

Getting Your Child Support Modified – South Bend Child Support Lawyer –

Posted on October 13, 2011 by jeffhaupt

Getting your child support lowered or raised requires a court order that modifies the previous order of child support. You don’t have to necessarily go to court to make this happen, for instance, if the parties can reach an agreement, then the child support can be modified and approved by the Court. More often than not, most child support modifications do occur as the result of a rather short hearing before a judge.

What are some reasons to modify your child support?

Indiana law generally requires that a child support order can be modified after 12 months have passed since the last time the court addressed child support issues and the amount of child support would change by at least 20% (up or down). What can cause a 20% change? Most often child support is modified due to a change in income of either party. This could be the result of a higher paying job or a job loss.

Other situations where child support can change by 20% are in cases where one of the parties is attempting to obtain social security disability, has become incarcerated, or has obtained new child support orders that need to be accounted for.

What information will the court consider in modifying my child support order?

In determining a child support order, courts in Indiana will look first to a child support worksheet. This worksheet takes into consideration both the mother’s and father’s income (or what they may be able to earn – potential income); whether either party has subsequent children; older children that they pay child support for or are responsible for, daycare expenses, spousal maintenance payments, portions paid for having the children covered by health insurance, and overnight visitations that the non-custodial parents may have.

The child support worksheet will then present a recommended weekly amount to be paid. This amount is “presumed” to be the correct amount. The Court does have discretion to deviate from the recommended child support amount. When deviating from the presumed amount of child support the court will consider issues such as long term unemployment or whether there are other expenses that may not be considered in the child support worksheet.

if you need help with a child support modification, please feel free to contact me.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, license suspensions, and for Bankruptcy. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

Indiana Child Support Credits – South Bend Child Support Lawyer

Posted on September 29, 2011 by jeffhaupt

When considering a child support action, Indiana Courts require that a child support worksheet be submitted. The child support worksheet includes information such as income, health insurance expenses, overnight visitation credits, etc., to give an amount of recommended child support.

What information does the child support worksheet consider besides income?

Prior Child Support Orders – If you are paying child support for another child and that child is older than the child in question, then the child support worksheet allows for a deduction in your weekly gross income for purposes of calculating child support. For example, let’s say your gross income is $500 per week (before any deductions). Now if you have a child support order for an older child, then that will be subtracted from the $500 per week. If you have a $75 per week child support order, then the amount of “income” you have for purposes of calculating child support for the second child is $425 per week.

Subsequent Child Credit – If you have a younger child that you are legally responsible for, or that you have a child support order for and you are paying that order, then the child support worksheet will also provide a deduction from your weekly gross income. The deduction is a percentage of the weekly income and that percentage is based on the number of children you have.

Health Insurance Premiums – The child support worksheet also has a section for child related health insurance premiums. This is any amount you pay for health insurance for the child in question. So if you have employer provided benefits and you are paying $50 per week for this benefit to cover both you and your child, then you would receive a credit based on whatever the child’s portion costs.

These are a few of the deductions that can occur in a child support worksheet. These deductions may raise or increase the amount of child support depending on whether the custodial or the non-custodial parent is taking the deduction.

if you have questions about child support or a child support modification, please contact me.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, license suspensions, and for Bankruptcy. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

Child Support Contempt Hearings After the Child is Emancipated – Indiana Child Support Lawyer

Posted on September 12, 2011 by jeffhaupt

Collecting child support arrears after the child has emancipated can be a tough proposition. Why? For starters, Indiana law only allows child support orders to be punishable by contempt if the child has not been emancipated.

Child Support Contempt Hearing Post Emancipation

The Indiana Constitution has a provision against imprisonment for debt, Article One Section Twenty-Two. Essentially, this provision protects you from being jailed for having past due bills to your creditors. Child Support Orders have always been treated differently by both the Indiana Supreme Court and the Indiana Court of Appeals. Because of the nature of this debt and the need of Indiana citizens to support their children, the Courts have allowed the contempt remedy to be used in order to coerce a non-custodial parent into paying the child support order.

This general rule only applies until the child reaches the age of emancipation. The legal theory is that the extraordinary reason for overstepping the Indiana Constitution, is no longer there. At that point, the outstanding child support arrearage becomes a debt that is only enforceable like any other debt would be.

Ways to Enforce Child Support Post Emancipation

Just because the child is emancipated does not mean that a child support arrearage still cannot be collected. The Court has the power to allow the custodial parent to collect weekly payments through income withholding orders and to allow assets to be seized. If a person is participating in a Title IV-D child support program, they can have the assistance of the county Prosecutor in seizing income tax refunds and possibly suspending licenses.

if you are facing a child support arrearage or emancipation question, contact me today for a free consultation.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

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