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1. Do I have to let the non-custodian of my child(ren) have visitation when child support is never paid?

Yes, visitation is an entirely different issue than child support. A non-custodial parent can file a contempt citation for refusal of the custodian to permit or arrange visitation, just like a custodial parent can file a contempt citation for non-payment of child support. If you have a good reason for not wanting visitation to occur, you should talk to a private attorney about filing a motion to modify the visitation order.

2. How can I start using the Prosecutor's Office to get my child support?

Any custodial parent who is receiving TANF benefits (formerly AFDC payments) from the State of Indiana has assigned their child support rights to the State of Indiana, and must cooperate in trying to establish, enforce or modify a child support order for their children. The child support payments in these cases reimburses the State for benefits received by the children. The parent will receive letters and notifications from the child support division concerning their case, and may have to make an appointment to discuss their case. When the custodial parent is no longer receiving TANF benefits, the child support amount for current child support will be directed to him/her.

3. How long does 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 and the information that you are able to provide for the office. If you know of an employer, and there is an existing child support order, it can be a fairly quick process.

If you have very little information about the non-custodial parent, we may not be able to locate 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 picture (if possible). Also, if the non-custodian has other children, we need to know their approximate ages and whether or not there is a child support order for those children.

4. My husband/boyfriend was arrested for domestic battery, but we just had a misunderstanding. What if I want to drop the charges?

Once a person contacts a police agency regarding the commission of the crime, and causes another person to be arrested and charged, the case becomes the property of the Hamilton County Prosecutor's Office. Our office policy is that once a person is charged, they are prosecuted, regardless of whether the victim has changed his/her mind.

5. The non-custodial parent of my child(ren) works for cash and has not held a job for over 3 months. He has never paid a cent on his child support order. Can you help me get child support from him?

It is difficult to track down and enforce against such an irresponsible parent. However, it is not impossible. We use all means possible to get that person into court on a contempt citation. The courts can punish a payer for contempt in various ways, including incarceration.

When punishments are ordered, we often see the payer change his attitude. They may even start taking a greater interest in their child(ren) when they accept the responsibility for assisting with their support.

6. What can I do if I want to stop using IV-D services?

You can call or stop by the office and sign a document that will be sent to the State Child Support Bureau. The Prosecutor's Office will then withdraw from your case as an attorney of record. At that time all IV-D services stop. If you need future enforcement of your child support order, you will have to use a private attorney, or reapply for IV-D services. More information is available on our Child Support page.

7. What is the other name I keep hearing for the Child Support Division?

The Child Support Division is also called the IV-D Office, because the rules and regulations governing the office were enacted by Congress and are incorporated in Title IV-D of the Social Security Act.