The holidays are already a stressful time for co-parents, full of tricky schedule coordination. When child support payments are late, that stress spikes instantly. You ask yourself, “If they are not paying their share, why should they get their time?” This is a very common reaction, but your feelings must not dictate your legal actions.
Separation of legal duties
Courts view child support and parenting time as entirely separate legal requirements. Your court order for support is a financial mandate, while your parenting time order is a physical custody mandate.
One parent’s failure to meet the financial obligation does not give the other parent permission to violate the physical custody order. This separation exists because the court always prioritizes the child’s welfare and relationship with both parents.
Indiana’s legal system offers enforcement tools for late child support. The law does not recognize refusing visitation as an acceptable tool.
Risk of contempt of court
If you refuse to allow the child to leave for a scheduled holiday visit, you likely violate a court order. The other parent can file a Motion for Contempt against you. A judge may then find you in indirect contempt of court for willfully disobeying the order and issue serious penalties against you, even if the other parent is also in violation of the support order.
The judge could order you to pay the other parent’s attorney fees for bringing the contempt action. They could order make-up parenting time for the time you denied the other parent. In severe or repeated cases, the judge may even consider modifying the existing custody order against you.
Correct way to enforce child support
Consider exploring these legal remedies to resolve the child support issue:
- Income withholding: The court can order the obligor parent’s employer to deduct support directly from their paycheck. You can initiate this process through your local Child Support Bureau or Title IV-D Prosecutor’s office.
- Contempt proceedings: You can file a motion asking the judge to hold the parent in contempt for late payments. Begin by filing a contempt motion in the court that issued the support order and attaching proof of missed payments.
- License suspension: Indiana law allows the court to suspend a delinquent parent’s driver’s, professional or recreational licenses. The Title IV-D Prosecutor usually initiates this administrative or judicial process when payments are significantly past due.
- Lien on property: The court can place a lien on the delinquent parent’s assets to secure the overdue support. You need to file the judgment for the support arrears with the county recorder’s office where the non-paying parent owns property.
These tools enforce the financial order without disrupting the child’s holiday schedule. They address the actual problem: the lack of payment.
Seeking legal guidance before acting
Emotions run high when child support is late, especially during the holidays. Still, acting on emotion by refusing visitation is legally risky and can harm your standing with the court.
Often, securing legal support is an effective approach to protect your rights while avoiding legal sanctions. A qualified family law attorney can help you understand the specific language in your Indiana decrees and file the correct enforcement motions.
