Child Support Enforcement Attorney in Carmel

Representing Parents in Complex Child Support Matters

Is the other parent of your child failing to make the child support payments outlined in your support order? This is a frustrating situation, but remember: you have the law on your side. Hains Law, LLC can help you understand and explore your options to enforce your support order and get the money you need to provide for your child. Our child support enforcement lawyer in Carmel has over a decade of experience to put to work for you.

Call (317) 588-2883 now to get started with a free phone consultation.

Understanding a Contempt Citation

Contempt is the willful disobedience of any lawfully entered court order of which the party has notice. If a non-custodial parent is facing a contempt citation for failure to pay child support, the court should afford the non-custodial parent the opportunity to hire counsel before the contempt proceedings. The court may use incarceration as a contempt sanction for the non-custodial parent’s failure to pay child support so long as they have the financial ability to comply with the order and the delinquency is willful.

Child Support Obligations

It is important to note that a custodial parent cannot withhold parenting time to alleviate the non-custodial parent’s obligation to pay his or her weekly child support obligation. Upon a finding of contempt, the court’s order must allow the non-custodial parent who failed to pay their child support obligation to purge themselves of contempt, which would stay the jail sentence.

After a finding of contempt, the court may also order the non-custodial parent’s employer to withhold money for their child support arrearage. For instance, if a non-custodial parent has no other dependents and his or her child support arrearage is over 12 weeks, the employer may withhold 65% of the non-custodial parent’s income each pay period. If the non-custodial parent is unemployed or self-employed, the court may order that the non-custodial parent pay additional money each week toward the outstanding child support arrearage.

A non-custodial parent’s failure to pay child support may result in:

  • The prosecutor’s office’s involvement (civil and possibly criminally)
  • Interception of the non-custodial parent’s federal and state income tax refunds, lottery winnings, and insurance settlements
  • Reporting of the non-custodial parent’s child support arrearage to the credit bureaus
  • Suspension of the non-custodial parent’s professional licenses
  • Suspension of the non-custodial parent’s driver’s licenses
  • Liens on the non-custodial parent’s vehicle(s)
  • Garnishment of the non-custodial parent’s bank accounts
  • Denial or revoking of the non-custodial parent’s passport

If the non-custodial parent has been found in contempt, the court may also order the non-custodial parent to pay the custodial parent’s attorney fees.

If you are the custodial parent, you do not have to wait to pursue delinquent child support payments. You may file a verified motion for contempt, which alleges that the non-custodial parent has failed to make timely child support payments and now has a child support arrearage. After the petition is filed, the court should set a hearing at which you can inform the court of the non-custodial parent’s failure to pay child support.

Contact Hains Law, LLC for Assistance in Contempt Matters

Given the sanctions associated with a contempt finding for non-payment of child support, non-custodial parents with child support obligations should contact a Carmel child support enforcement attorney with experience in handling these matters. Discuss your options with our firm to protect your income and freedoms. We can also help you if you are a custodial parent seeking to enforce a child support order.

Contact us at (317) 588-2883 today.

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