If there is a child support order and your ex-spouse is not paying, there are two main remedies. Your ex can be held in contempt or be subject to an income withholding order. We’ll explore both possible remedies in this post.
If the court finds that a party is intentionally violating his or her child support order, the court may find the party in contempt of court. The court may order a party who is found in contempt of court to pay a fine, be imprisoned, or both. The court may also order a party in contempt to: (1) perform community restitution or service without compensation in a manner specified by the court; or (2) seek employment.
An income withholding order will automatically take child support payments out of your paycheck. Many people voluntarily use an income withholding order to pay child support automatically. If there is not already an income withholding order in place, the court can order one to ensure child support payments.
Although contempt and income withholding orders are the main child support remedies, a court may also suspend the delinquent parent’s driving privileges and professional license if payments are not promptly made.
If your ex is not paying child support, contact McNeelyLaw today at 317-825-5110 to talk to an experienced Indiana family law attorney who can help navigate you through your case.
This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.