A main objective of the IV-D program is to make sure that child support payments are made regularly and in the correct amount. While many non-custodial parents are willing to pay child support and continue to be involved in their children's lives, lapses of payments do occur. Some, however simply refuse to be a responsible parent to their children. While we cannot force them to be responsible, we can pursue enforcement of the child support order in the following ways.

Many custodial parents feel angry when, after the absent parent is finally located and served notice of the enforcement action, he or she moves on. Unquestionably, it is difficult to enforce child support payments when the non-custodial parent intentionally and continually moves to avoid paying.

Try to be an active participant in your own case. Whenever you learn that the absent parent has moved or has a new job, you should bring this information to the attention of your caseworker as soon as possible. This will allow her to take the appropriate action to enforce your case.

CIVIL ENFORCEMENT

The IV-D staff tries to begin collection through administrative methods. Some of the methods used are: income withholding, unemployment compensation intercepts, credit bureau reporting, suspension of driver's license, suspension of professional license, tax intercepts, lottery intercepts, seizing large bank accounts, BMV liens and holds on passports.

Administrative methods are not always successful in collecting the support owed. Sometimes payments are skipped or stop all together, especially if the absent parent is self-employed, works for cash, or commission, changes employment, or moves frequently, the IV-D office will then try to enforce the support order through court action.

All court hearings are handled by the IV-D Deputy Prosecutors. The Deputy Prosecutors appear in court on approximately 50 civil cases per week. There are currently three courts where IV-D cases are heard. All three courts are presided over by a Magistrate. The Magistrate Courts and the cases they handle are as follows:

CO1 - Juvenile Court Magistrate, John P. Shannahan: Court located at the Porter County Juvenile Facility at 1660 South State Road 2 in Valparaiso. This Court hears all Paternity & CHINS cases.

DO1 - Superior Court No. 1 Magistrate, James Johnson: Court located on the third floor of the Courthouse in downtown Valparaiso. This Court hears follow-up matters on any divorce cases from Porter Superior Court No. 1; Cases sent from other jurisdictions for enforcement; Guardianships established in Porter Superior Court No. 1.

D02 - Superior Court No. 2 Magistrate, Kathleen Forbes: Court located on the fifth floor of the Courthouse in downtown Valparaiso. This Court hears follow-up on any divorce cases from Porter Superior Court No. 2; Cases sent from other jurisdictions for enforcement; Guardianships established in Porter Superior Court No. 2.


CRIMINAL ENFORCEMENT

In the event a non-support case becomes extreme in nature and when all civil collection efforts have failed, the IV-D Deputy Prosecutors may choose to file a criminal Nonsupport of a Dependent Child charge against an absent parent. In order to file criminal charges the State must show more than the fact that child support has not been paid as ordered. The State must also show (1) that the absent parent provided no other type of support (such as babysitting, school clothing, school costs, Social Security benefits, medical insurance, payment of medical bills, housing, etc.) and (2) the absent parent had the ability to pay the support as ordered. Indiana law defines Nonsupport of a Dependent Child as follows:

I.C. 35-46-1-5: Nonsupport of a Dependent Child

A person who knowingly or intentionally fails to provide support ot the person's dependent child commits nonsupport of a child, a Class D felony. However, the offense is a Class C felony if the amount of unpaid support that is due and owing for one or more children is at least fifteen thousand dollars ($15,000).

It is a defense that the child had abandoned the home of his family without the consent of his parent, or on the order of a court, but it is not a defense that the child had abandoned the home of his family if the cause of the child's leaving was the fault of his parent.

It is a defense that the accused person, in the legitimate practice of his religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to his dependent child.
It is a defense that the accused person was unable to provide support.

All criminal cases are filed in the criminal courts. Cases are assigned to different Courts on a rotating basis, through a system set up by the Porter County judges. Currently the Criminal Nonsupport of Dependent Children cases are heard in the following Courts:

Superior Court No. 1, Judge Roger Bradford: Court located on the third floor of the courthouse in downtown Valparaiso.

Superior Court No. 2, Judge William Alexa: Court located on the fifth floor of the courthouse in downtown Valparaiso.

Superior Court No. 5, Judge Mary Harper: Court located on the third floor of the courthouse in downtown Valparaiso.

The goal on criminal cases is punishment. Therefore, civil collection will be suspended while criminal charges are being pursued. We normally only refer "C" Felonies, which are punishable by two to eight years in prison, plus a fine of up $10,000.

Criminal charges, if appropriate, are filed by the Criminal Division of the Prosecutor's Office, after review and referral by the IV-D Director. A typical sentence would be an eight year sentence on the "C" Felony criminal cases with a large portion of that time suspended. During the time the Defendant is on probation one of his/her conditions is making regular child support payments. If payments are not made, then probation is normally revoked and the Defendant will be sent to the Indiana Department of Corrections to serve out the balance of the sentence.