GENERAL

Is there an age requirement to collect child support?
If the custodial parent is under the age of 18, they will need a relative or friend over the age of 18 who will act as a guardian for the case. The relative or guardian will need to cosign all papers, as well as appear in court with the custodial parent.

Must the parents have been married to collect child support?
No, however paternity must be established to start the child support collection process.

Is there a fee to use the IV-D program?
Individuals currently receiving assistance use our program free of charge. Others must pay a one-time fee of $25.00.

If I use your office will I have to go to Court?
Maybe. We try to settle cases by agreement but that is not always possible. If a hearing is held you normally must appear.

Is the State Child Support Bureau the same as the Porter County IV-D Office?
No. The State Child Support Bureau is our funding source and the state agency that sets down the guidelines for all Indiana county IV-D offices. The State Child Support Bureau offices are located in Indianapolis.

What if I already have a private attorney?
You cannot have a private attorney and the IV-D office both handling the matter of child support for you at the same time. For matters of visitation or custody, you would need the services of a private attorney, however you MUST provide our office with copies of any and all orders that might affect your child support order.

Are there any collection methods your office has that are not available to private attorneys? If so, what are they?
A. Yes. (1) intercept State and Federal taxes; (2) have liens placed on vehicles; (3) attach Indiana unemployment income and Indiana lottery winnings; (4) seek seizure of passports; (5) refer delinquent payors to the Credit Bureau if they owe more than $1,000; (6) seek suspension of driver's licenses or professional licenses; (7) seize money from delinquent payors bank accounts. While attorneys may seek some of these remedies it is easier for our office to obtain results because we can do these things administratively (without going to court) and we automatically receive this type of information from the State.

What can your office do for me?
Our office handles support issues for custodial parents, including seeking an order for medical insurance. We cannot deal with custody or visitation issues.

Is more emphasis placed on getting money for welfare cases?
No. All cases are worked equally, using the same collection methods, caseworkers and attorneys.

What percent of the money you collect is for non-welfare recipients?
During June 2002 approximately 86.5% of the money our office collected was for non-welfare recipients.

What percent of your cases has a father as the custodial parent?
Nation wide the percent is around five percent. Our county has a slightly higher number than that.

How many cases does the Porter County IV-D Office handle?
As of August 2003, the IV-D office was responsible for approximately 5,500 cases. An average of 25 new cases have been filed with our office per week since that time. The IV-D Office represents apprxoimately two-thirds of all individuals seeking child support on Porter County cases and private attorneys represent the remaining one-third.

If I apply for your services, how long will it take for my child support to start coming?
There is no specific time frame within which the IV-D office will be successful in collecting child support for you. It depends on the circumstances of the non-custodial parent, the information you provide and the existing caseload within our office. If you know of an employer and there is an existing child support order, collecting the support will be a much quicker process. If you have very little information to provide, we may not be able to locate the non-custodial parent or enforce your order. We need as much information as possible, including address, social security number and identifiers, such as height, weight, hair color, eye color, date of birth and a picture (if possible). We also need to know if the non-custodial parent has other children and whether or not there is a child support order for those children.

Why is your office only open half a day?
Our office is only open to the public between the hours of 1:00 p.m. to 4:30 p.m. but the staff works from 8:30 to 4:30, Monday through Friday. This allows more uninterrupted time for enforcement work.

How does your office decide what judge, caseworker or attorney handles each case?
All civil support / paternity cases are heard in the three Magistrate courts. Paternities and follow-up hearings on those cases must be heard in Juvenile court. Divorce and support cases must be filed in the other two courts. The IV-D attorneys each handle the cases in specific courts. Caseworkers are assigned cases from a specific portion of the alphabet, based on the first letter of the last name of the absent parent.

If I sign up for IV-D services is the information I provide confidential?
No. Our office represents the interests of the children and not the individual parent or guardian. Therefore, there is no attorney/client relationship and any information you provide may be released to the courts, other attorneys, state agencies, etc.

The non-custodial parent works for cash and/or has never held a job for over 3 months. He has never paid child support. Can you help me?
Although it is difficult to track down and enforce against such an irresponsible parent, it is not impossible. We use all means to get that person into Court on a contempt citation. The Courts can punish a non-custodial parent in various ways, including incarceration. Our aim, however, is to collect support for your child rather than seek punishment.

Can you help me if the absent parent lives in another State?
Yes. We will first attempt to enforce your case by administrative remedies. If possible, the absent paret will be cited into our local court so we can handle the case here. If this is not successful, a UIFSA petition will be filed to the state where he/she lives but we are then dependent on the child support authorities in that state to enforce your Order.

What if I do not know the non-custodial parent's address?
Our locate department has several ways to find the absent parent; however, it is very important that you obtain as much information as possible about the non-custodial parent or alleged father. It can sometimes take 60 or more days just to very an address.

Do I have to let the non-custodial parent have visitation when he doesn't pay child support?
Yes, visitation is an entirely different issue than child support. A non-custodial parent can file a contempt citation against you for refusal to permit visitation. If you have good reason for not wanting visitation to occur, you can talk to a private attorney about filing a motion to modify the visitation order.

Why did I receive correspondence from your office? I only signed up for the Hoosier Healthwise program?
The Hoosier Healthwise program is part of the Medicaid program. The Division of Family and Children generates a referral to our office for any recipient of the Medicaid or AFDC/TANF programs when there is an indication that the person is in need of the services provided by our office. A custodial parent is required to cooperate with our office if he/she is receiving Medicaid benefits for him/herself or receiving AFDC/TANF as a condition of eligibility for these programs.

If I have never used the services of the IV-D office why does my court case show up on the ISETS computer system?
The ISETS computer system is one that was started by the State Child Support Bureau. It is used by all Indiana Clerk's Offices to document support money that is paid or disbursed. It is not a local computer system and we cannot change how it works. Our office uses it to gather information for processing cases.

How long does support have to be paid?
This depends on the law of the State your child support order was issued in. Indiana law provides for support until your child turns 21 or is otherwise emancipated. To have the child emancipated prior to the age of 21 the non-custodial parent must file a petition to emancipate with the Court and prove that certain conditions, set out by law, are met. Support may also be continued past the age of 21 if the child is a full-time student and if the custodial parent files a petition for continuing support and/or educational expenses prior to the child's 21st birthday.

How does the wage assignment get stopped when my child emancipates?
The employer must be contacted by the person/agency that issued the wage assignment and told to terminate the withholding order.

I have information about a parent who is not paying her/his child support. How and where can I report this information?
You can email us or fax the information to (219) 465-3689. If the person is listed on the Sheriff's Deadbeat Parent website, you can contact the Porter County Sheriff's office at (219) 465-3515.


PAYMENTS

I am supposed to pay my payments through Porter County. What is the address?
Our office does not handle the actual support payments. It is required by law on all IV-D cases that all payments be made to the County Clerk's office. Payments must be made by money order or certified check and made payable to the Porter County Clerk. They should be mailed to the following address:

Porter County Clerk's Office
Child Support
16 East Lincolnway
Valparaiso, Indiana 46383

Be sure to include your name and your cause number(s) to insure proper credit.

Why does it take so long to receive my money after my ex-husband makes a payment?
Only the Clerk's Office can answer that question. The IV-D Office does not take payments or send money out. We only work to enforce the Order. The Clerk acts as chief financial officer to the Courts by collecting, disbursing and reconciling monies related to Court cases.

The other parent missed last week's payment. What should I do?
Generally, our office does not take any action for missed payments until 30 days have elapsed. There could be a good reason for missing payments, such as losing a job or being sick and not able to work for a short period of time. If the other parent has lost a job and is eligible for unemployment benefits, it often takes a few weeks for those benefits to begin.

What if the non-custodial parent refuses to pay their child support?
The simplest way the Prosecutor's Office can collect your child support is through income withholding. If the non-custodial parent is 30 days or more behind in paying their child support, we can send an order to their place of employment asking that a certain amount of money be deducted from their paycheck.

The non-custodial parent may be called into court if they have not responded to requests to voluntarily pay their child support and income withholding is not an option (i.e. they have no permanent place of employment). A court date may be set. if you have a pending court date, we will take no further action on your case until after the court hearing.

How can I find out if the absent parent on my case has made a payment?
You can call the Kids' Line at 1 (800) 840-8757.

Where does the money go when the NCP pays?
All child support is paid through the Porter County Clerk's Office. If you have never been on welfare, the Clerk's Office will send the payments directly to you. If you are currently receiving welfare (AFDS) or have received it in the past, the payments will be sent to the Division of Family and Children and they will disburse the money accordingly.


IV-D CASES

Is the Deputy Prosecutory my attorney?
The Deputy Prosecutor does not represent clients of our office on a personal basis. He represents the interests of the State of Indiana rather than any individual client of the Child Support Division.

How can I find out what is happening on my case?
If you would like to check on the status of your case, you may contact your caseworker by mail, fax or complete an Inquiry Form, which is available in a printable version on this website or you can complete one at our office. If your case is scheduled for court and you must appear, you will be notified by mail. Our address and fax number are listed on all of our web pages.

Why can't I just call your office and talk to my caseworker?
Each caseworker is responsible for approximately 900 cases, as well as other office duties. If we took telephone inquiries no casework would get done. Also, by putting your request in writing there will be no misunderstanding about what you are asking. Lastly, when we receive a telephone call we cannot be sure who is calling and we do not give information out to unknown individuals. We have installed an information system on our telephone line to provide basic information to the public in an effort to more efficiently work on our caseload. This frees the receptionist to handle other office duties and allows your caseworker to work uninterrupted on her cases.

If I work during the day can my new spouse get information from you about my case?
No. For confidentiality reasons we deal only with the case participants.

Why do you need both parties/parents names when I make an inquiry on my case?
Cases in our office are filed alphabetically by the absent parent's name. The names of both parties are needed to locate the correct file or case. Some clients have multiple cases with different parties, so this information is necessary to access the correct cse. Separate inquiries should be made if you have more than one case with our office.

Why does it take so long to get an answer to an inquiry?
Our office has only five caseworkers, and a large backlog of casework. Inquiries are answered by the appropriate caseworker in the order they are received. Each caseworker is responsible for over 900 cases whereas the national average is approximately 450 cases per caseworker. Please understand, due to the large volume of cases your caseworker is responsible for, responses will normally take 45 to 60 days. If you have not received a response within 60 days, please write your caseworker again. Be sure to state this is your second request and include your name, the non-custodial parent's name and your case number, if you know it.

Why does it take so long to get into court?
There are a lot of reasons. It often takes a long time to find an absent parent. That parent then has to be served with papers. Also the courts are very crowded and it may take several months to get a court date.

When is a warrant issued for someone's arrest?
A warrant may be issued after the NCP or AF fails to appear for a court hearing for which he or she has been PERSONALLY served with the court order to appear. A warrant may also be issued if there is a warrant provision in your child support order.

Why do you ask if I now or have previously received welfare benefits if you handle all participants' cases equally?
Our office is required to seek reimbursement of state money that has been paid out for TANF benefits or birthing costs.

How are you involved with the Sheriff's Deadbeat Parent Website?
Our offices jointly started this site in early 2002. If the deadbeat is someone our office has been seeking support from, our approval is required for that person to be added to the site.

How is an absent parent added to the Deadbeat Parent Website?
If you are a IV-D participant contact our office and make this request. If your case meets the requirements, she will refer your case to the Deputy Prosecutor for approval.

How do you determine who is posted on the Deadbeat Parent Website?
The website is a tool we use to find deadbeats, so to be placed on the website the deadbeat must have an outstanding warrant or we are trying to locate the person so he/she can be served with court papers.

Why do I have to pay such a high support order? I can't afford to pay that much.
Support is set based on state child support guidelines. We are obligated to follow those guidelines unless a good reason exists to deviate, and that is rare.

If I am a non-custodial parent and I want to have something changed in my court Order, can the IV-D office file the papers for me? If not, why not and what do I do?
The IV-D office cannot file the papers for you because our program participant must be the custodial parent/guardian. You can hire an attorney to represent you or you can file the paperwork yourself using pro-se paperwork. Pro-se forms can be obtained free from the Court Administrator on the fourth floor of the courthouse or copied at the Valparaiso Library Reference Desk.

If I am the non-custodial parent and I can't afford an attorney, but feel I need legal representation, what can I do?
You can contact Valparaiso University Law Clinic at (219) 465-7903 or Northwest Indiana Legal Aid at (219) 886-3161 or (219) 932-2787.

If you used to represent the other parent but I now have custody of our children can you now help me?
Yes. Since we represent the children's interests this does not present a conflict of interest because our focus still remains with the child.

What can I do if I want to stop using IV-D services?
If you are not receiving AFDC/TANF or Medicaid benefits (for yourself), you can request a Closure Statement, which you must sign and return to our office. We will withdraw from your case as attorney of record and close your case with our office. At that time all IV-D services will stop. If you need future assistance to enforce your child support order, you will have to use a private attorney or reapply for IV-D services. If you are receiving AFDC/TANF or Medicaid benefits (for yourself), you cannot withdraw from the IV-D program. Cooperating with the IV-D office is a requirement of receiving those benefits.


INTERSTATE CASES

The absent parent lives in another state. Is my case a UIFSA case?
Just because the absent parent resides in another state does not mean your case is a UIFSA case. An interestate petition must be filed and a case opened in the other state before it becomes a UIFSA case. You will receive notification from our office if an interstate petition is filed.

I was notified that a UIFSA petition was sent to another state. Can I contact that state directly?
No. This office is responsible for communicating with you and the other jurisdiction. If you are corresponding or receiving correspondence from the other state, we will be unaware of this and thus unable to represent your child's best interests. If you need information about your case, contact your Porter County caseworker. If you receive correspondence directly from the other jurisdiction, do not sign anything until you have provided a copy to your Porter County caseworker for review.


ADMINISTRATIVE ENFORCEMENT

Tax Intercept - License Revocation - Liens - Credit Bureau Reporting


TAX INTERCEPT


What is a tax intercept?
A tax intercept is a tool used to collect past due child support from absent parents. If an absent parent owes certain amounts of child support, and is owed a refund of State and/or Federal tax she or he has paid, we can intercept this refund and apply it to the child support arrearage.

How is a parent submitted for a tax intercept? Do I need to fill out or sign any papers to do this?
An absent parent can be submitted for a tax intercept if she or he owes more than specific amounts of past due child support. For Federal tax refund intercepts, the minimum past due amount must be $500 or more. For State of Indiana tax refund intercepts, the minimum past due amount must be $150 or more. Cases being handled by our office are automatically submitted for tax intercepts through the State child support computer system, so custodial parents do not need to fill out or sign any forms to have absent parents submitted.

How long do I have to wait to receive money from a tax intercept?
It is often difficult for us to know how long it will take to receive the intercepted refund money. Due to the actual intercepting of the refund being processed by other agencies, there is no real way for us to know this. Generally, intercepts of State of Indiana tax refunds are processed more quickly than intercepts of Federal tax refunds. Also, if an absent parent has filed a joint tax return, the intercepted refund is automatically held for a period of six months in order to give the spouse the opportunity to file an injured spouse claim for their portion of the refund. After this period, at least another 6 to 8 weeks should be allowed for the refund amount to be dispersed.

I did not receive any money through the tax intercept program. Why?
THERE ARE NO GUARANTEES THAT ANY AMOUNTS WILL BE COLLECTED THROUGH TAX INTERCEPTS! There are several reasons why a custodial parent does not receive amounts from the intercept of the absent parent's Federal or State tax refund:
  1. The absent parent may not be eligible for a refund.
  2. The absent parent may owe another debt for which the refund amount has been intercepted.
  3. There may be money owed to the State of Indiana for past public assistance received by the custodial parent(s) on one or more child support cases.
  4. The absent parent may not be required to file a Federal or State income tax return.
  5. The absent parent may have elected to receive his or her refund throughout the year.


How can you take my tax refund when I am making weekly payments toward my back support?
If you have an arrearage the IV-D office is required to use all administrative means to collect the arrearage.

I received a notice that you are taking my tax return for child support arrears. I do not think I owe the amount stated. What should I do?
Send us a written request to review your case because you believe an error has been made. Tell us why you believe there is an error. You must also send a copy of the notice you received with your request. Your case will be reviewed and we will notify you of the results.

LICENSE SUSPENSION

What is License Suspension?
A non-custodial parent who accumulates a support arrearage of at least $2,000.00 or an amount equal to three months of the current support order may be subject to the loss of any driver or professional license he or she may hold. Proceedings to suspend a license may be initiated upon the filing of a court petition or by an administrative notice to the non-custodial parent.

I received a notice that you suspended my driver's (or professional) license for child support arrears. I do not think I we the amount stated. What should I do?
Send us a written request to review your case because you believe an error has been made. Tell us why you believe there is an error. You must also send a copy of the notice you received with your request. Your case will be reviewed and we will notify you of the results.

VEHICLE LIENS

What is a Vehicle Lien?
If a non-custodial parent owes more than $1,000.00 in past due child support, the Porter County Prosecutor's Office will submit that parent's name to the Bureau of Motor Vehicles (BMV) to palce a lien on any vehicle that he or she might purchase. This means that the non-custodial parent cannot sell the vehicle without the IV-D office first releasing the lien. This usually requires a lump sum payment on the arrearage. In extraordinary cases, vehicles may be seized and sold at auction to pay the back support. Other real property (i.e. house, boat, trailer and estates) may also be seized and sold at auction to satisfy your support obligation.

I received a notice that you a lien on my car for child support arrears. I do not think I owe the amount stated. What should I do?
Send us a written request to review your case because you believe an error has been made. Tell us why you believe there is an error. You must also send a copy of the notice you received with your request. Your case will be reviewed and we will notify you of the results.

CREDIT BUREAU REPORTING

What is Credit Bureau Reporting?
If a non-custodial parent owes more than $1,000.00 in past due child support, the Porter County Prosecutor's Office will submit that parent's name to the Credit Bureau.

I received a notice that you reported me to the credit bureau for child support arrears. I do not think I owe the amount stated. What should I do?
Send us a written request to review your case because you believe an error has been made. Tell us why you believe there is an error. You must also send a copy of the notice you received with your request. Your case will be reviewed and we will notify you of the results.