Enforcement
Methods
Failure to make payments can result in any of the following:
- Work Release by order of the court. The non-custodial parent is sent to Elkhart County Community Corrections Work Release
and permitted to leave only to go to work.
- Income tax return intercept. If the amount owed (called an arrearage)
is $150-$500, money may be taken from the non-custodial parent's state
or federal income tax return. If the non-custodial parent owes money
in back-taxes, child support needs come second to the government's claim.
- Credit bureau report. If the amount owed is more than $1,000, it will
be reported to the Credit Bureau.
- Lien against passport and licenses. If the amount owed is more than
$2,000 or payments have not been made for three (3) months, Child Support
may issue a lien against the non-custodial parent's passport; $2,000
for professional, sporting or driver's license suspension. A lien may
also be issued against an automobile or real estate.
- Pursuit of Felony Charges. An arrearage of up to $15,000 is
considered a Class D felony and may result in a prison sentence of up
to 3 years. An arrearage of $15,000 or more is considered a Class C
felony and may result in a prison sentence of up to 8 years.
