Avoid These Costly Child Support Mistakes in Indiana

Child support laws in Indiana are strict, and even unintentional mistakes can lead to serious financial and legal consequences. From wage garnishment and mounting arrears to potential contempt charges, failing to follow court-ordered child support correctly can put you at significant risk.

At Vining Legal, we’ve seen how easily parents can make avoidable errors that cost them time, money, and legal trouble. Below, we highlight four common child support mistakes in Indiana and how you can stay in compliance to protect yourself and your financial future.

📞 Need immediate legal help? Call us at (317) 759-3225 or schedule a consultation here.

⚠️ Mistake #1: Making Direct Payments to the Other Parent

While it may seem easier to pay child support directly to the other parent, doing so can backfire.

Why is this a problem?

In Indiana, payments not made through the Indiana State Central Collection Unit (INSCCU) may not be legally recognized. If the other parent later claims you didn’t pay, you could struggle to prove otherwise. The court may even consider direct payments as gifts, which means you could still owe the full amount.

How to avoid it:

✔️ Always make payments through INSCCU or the county clerk’s office.
✔️ Keep detailed records of payments to avoid disputes.

⚠️ Mistake #2: Failing to Stop Payments After Your Child Turns 19

Indiana law generally considers a child emancipated at age 19, meaning child support should end—but it won’t automatically stop unless action is taken.

What can go wrong?

If your Income Withholding Order (IWO) isn’t terminated, child support may continue to be deducted from your paycheck even after your child is no longer eligible. Recovering overpayments can be difficult, especially if the other parent has already spent the money.

How to avoid it:

✔️ Proactively petition the court to terminate child support as your child approaches 19.
✔️ Verify with the child support office that payments have officially stopped.
✔️ Keep in mind that courts may still order parents to contribute to college expenses, so additional obligations could apply.

⚠️ Mistake #3: Not Requesting a Modification When Your Income Changes

A job loss, pay cut, or other financial hardship does not automatically change your child support obligation.

Why is this dangerous?

Unless you file a petition to modify child support, the court will hold you responsible for the full amount, even if your income significantly decreases. Unpaid amounts add up quickly and cannot be reduced retroactively—meaning you could owe thousands in arrears.

How to avoid it:

✔️ If you lose your job, experience a pay cut, or face financial hardship, file for a modification immediately.
✔️ Don’t assume your obligation stops if you’re incarcerated—you must still request a modification.
✔️ The court can only adjust support payments starting from the date of filing, so acting quickly is crucial.

⚠️ Mistake #4: Failing to Pay Anything When You Can’t Afford the Full Amount

If you’re struggling financially, stopping child support payments altogether is a critical mistake.

Why?

Courts consider nonpayment as willful contempt, which can lead to:
⚠️ Wage garnishment
⚠️ Driver’s license suspension
⚠️ Seizure of tax refunds
⚠️ Jail time in extreme cases

Even if you can’t pay the full amount, paying something is better than nothing. Judges are more likely to work with parents who show good faith efforts to comply.

How to avoid it:

✔️ Always pay what you can, even if it’s less than the ordered amount.
✔️ Contact a family law attorney to discuss modification options before arrears become unmanageable.

Frequently Asked Questions About Child Support in Indiana

❓ How do I modify my child support order in Indiana?

If your financial situation changes—due to job loss, reduced income, or increased expenses—you can request a modification. To do this, you must file a petition with the court. Indiana law does not allow retroactive modifications, meaning your child support won’t be adjusted for past months—only from the date you file.

👉 Act quickly to avoid accumulating arrears. Need help? Schedule a consultation.

❓ What happens if I overpay child support?

If child support is deducted from your paycheck after your child turns 19, or you accidentally pay more than required, recovering those funds can be difficult—especially if the receiving parent has already spent the money.

To avoid this:
✔️ Monitor your payment schedule and file for termination before your child turns 19.
✔️ Consult an attorney to stop wage garnishments at the right time.

❓ Can child support be waived if both parents agree?

No, child support obligations are set by Indiana law, and both parents cannot simply agree to waive them. The court considers child support to be the right of the child, not the right of the parents.

However, parents may agree on a lower amount if circumstances justify it, but this must be approved by the court to be legally binding.

❓ What happens if I don’t pay child support?

Failure to pay court-ordered child support can result in:
⚠️ Wage garnishment
⚠️ Driver’s license suspension
⚠️ Tax refund interception
⚠️ Professional license revocation
⚠️ Contempt of court charges (which may include jail time)

Even if you can’t afford the full amount, make partial payments and seek a modification to avoid penalties.

❓ How can an attorney help with child support issues?

An experienced Indiana child support attorney can:
✔️ Help you modify payments if your financial situation changes.
✔️ Ensure child support stops at the right time to prevent overpayment.
✔️ Defend you in enforcement actions to prevent wage garnishment or jail time.
✔️ Guide you through complex cases, such as support for college expenses.

📞 Have questions? Call Vining Legal at (317) 759-3225 or schedule a consultation today.

Facing Child Support Issues? Get Legal Help Today

If you’ve made one of these mistakes—or want to prevent costly child support problems—Vining Legal can help. Indiana’s child support laws can be complicated, but you don’t have to navigate them alone.

📞 Call us at (317) 759-3225
📅 Schedule a consultation today: Click Here

Taking the right legal steps now can save you thousands in penalties and legal trouble down the road. Don’t wait—contact Vining Legal today!