Since 2003, the Floyd County Prosecutor’s Office has collected over $57,000,000 in child support for the children of Floyd County. The Child Support Division provides the following services:
- Establishment of paternity for children whose parents are not married.
- Establishment and enforcement of court orders for the payment of child support.
- Establishment and enforcement of medical support orders.
- Collection and enforcement of child support and back child support.
- Review and adjustment of current support orders.
- Locating non-custodial parents in order to establish or enforce orders.
Janice Allen, Director (Criminal Child Support cases)
Bessie McDaniel, Intake Caseworker
Jo Fletcher, Caseworker (Non-custodial parent’s last name begins with A-Deq)
Alex Matheis, Caseworker (Non-custodial parent’s last name begins with Der-Hop)
Stephanie Smith, Caseworker (Non-custodial parent’s last name begins with Hoq-Mop)
Casey McCauley, Caseworker (Non-custodial parent’s last name begins with Sin-Z)
Title IV-D of the Social Security Act requires every state to administer programs that establish paternity, child support, and medical support for children whose parents are not married; Title IV-D also mandates that states provide a means to enforce certain child support court orders. In the State of Indiana, county prosecutors administer these programs and services. You may contact the Floyd County Child Support Division at (812) 948-5475.
The Prosecutor represents the State of Indiana and is not permitted to act as your personal attorney; however, the Prosecutor may be able to assist you in the establishment, enforcement, or modification of child support orders. The Prosecutor is not permitted to assist you in civil matters relating to divorce, custody, or visitation.
Who may received services?
- Any parent or person with custody of a child who needs help to establish a child support order.
- Any parent or person with custody of a child who needs help to collect payments from the non-custodial parent.
- Custodial parent: Parent or guardian given legal custody of the child/children by the Court or by statute.
- Non-custodial parent: Parent without custody who is obligated to provide support.
- Paternity: The relationship between the child and the father. Establishing paternity is the process of determining the legality of the parent-child relationship.
- Medical support: Medical Insurance.
How is paternity established?
We begin this process with a paternity interview to determine the facts of the case. Due to the sensitive nature of paternity establishment, some of the questions during the interview may be personal. These questions will be facts about the relationship between the mother and alleged father, the pregnancy, the birth and birth expenses of the child, and employment. A picture of the alleged father with the child is helpful as well as any other evidence of acknowledgment of the child, such as through letters or gifts.
Before a child support order can be established for a child, the alleged father must either admit to being the father of the child or be proven to be the father of the child. A popular and effective tool used to prove paternity is genetic testing. Our office prepares all of the necessary paperwork and legal documents as well as the testing, which is performed by a simple and painless inner cheek swab that harvests cheek cells from the mouth for DNA testing.
The father can acknowledge his paternity by signing a written admission at the hospital when the child is born. However, you must contact our office to establish a support order even if the father acknowledges paternity at the hospital. While it is best to establish paternity as soon as possible after the child’s birth, our office is bound to try to establish paternity for any child up to the child’s twentieth birthday.
The establishment of paternity is important. It not only informs your child of his or her father, it also affords your child legal rights and privileges that belong to any child born within a marriage. Among these are rights to inheritance, rights to the father’s medical and life insurance benefits, and to social security and veteran’s benefits when available.
How is the support order enforced?
The main purpose of any enforcement action is to make sure that child support payments are made regularly and in the correct amount. When the other parent fails to pay the whole amount, or does not pay at all, enforcement action is required.
In reviewing the file to determine the best method of enforcement, the Child Support Division’s first concern is establishing a regular payment plan for ongoing support. Collection of arrears is the secondary concern. Picking the best method of enforcement is based upon all the information about your case, such as past payment history, the date on which the last payment was received, where the other parent is located, how much money he/she makes and what kind of assets they hold.
The Child Support Division attempts to get the other parent to pay voluntarily. However, if they are unable or unwilling to do so, further action may be taken.
Contempt of Court
If the court finds that a person is delinquent in the payment of child support as a result of an intentional violation of an order for support, the court may find the person in contempt of court.
As a result of this finding, the court has the authority to commit that person to jail.
Because child support cases are civil in nature and not criminal proceedings, there can be no conviction; however, the threat of incarceration is a strong incentive for delinquent parties to pay the ordered support.
As required by Indiana law, the Child Support Division will seek to obtain a wage withholding order to withhold child support from the paying parent’s wages. The paying parent will always be required to report to our office within 10 days of any change in address or employment.
Anyone who has applied to our program is eligible for the tax intercept program so long as the arrearage requirements are met ($100.00 for Aid to Families with Dependent Children and $500.00 for Non-Aid to families with Dependent Children). The Tax Intercept Program authorizes the interception of federal and state income tax refunds and lottery winnings of the delinquent parent. The state will retain a minimal fee, never greater than $25.00, for an intercepted tax refund.
The Child Support Division will go across state lines to request the enforcement of child support orders in another state when the child lives in Floyd County. Full cooperation and assistance is offered to other states, which are strongly encouraged to provide reciprocal enforcement of child support orders.
Professional & Driver’s License Suspension
Under Indiana Code 12-17-2-34(c), if the non-custodial parent is delinquent in the payment of child support by at least $2,000, or has a three (3) month child support arrearage, his or her driver’s license may be suspended.
Under Indiana Code 21-1-11.5-13(k), when a court finds that a non-custodial parent who is any attorney, licensed teacher, or practitioner is delinquent in the payment of child support as a result of an intentional violation of a child support order, the court shall issue an order to the board regulating the practice of the person’s profession, requiring suspension or prohibiting the board from issuing a license.
The Child Support Division will make every effort to exhaust all civil remedies available in order to enforce and collect the child support arrearage. If these efforts are unsuccessful, criminal charges may be appropriate.
Effective July 1, 2014, Indiana Code 35-46-1-5(a) states that a person who knowingly or intentionally fails to provide support to the person’s dependent child commits Non-Support of a Child, a Level 6 Felony. This charge is elevated to a Level 5 Felony if the person has a previous conviction under this section.
A Level 6 Felony is punishable by up to two and a half (2.5) years imprisonment and/or a fine of up to $10,000. A Level 5 Felony is punishable by up to six (6) years imprisonment and/or a fine of up to $10,000.
It is a defense to the crime of Non-Support of a Dependent that the person was unable to provide support.
Enrollment and Forms
- The following links for the Child Support Enrollment and Forms will open in a new tab using Adobe Acrobat. Please direct any questions to the Child Support Division (812) 948-5475.
- Enrollment for Title IV-D Child Support Services
- Additional Questions for Enrollee
- Possible Documents Needed with Completed Enrollment Questionnaire
- Request for Audit/Arrearage Calculation
- Request for Enforcement
- Request for Modification Review