Saturday, August 25, 2007

Deadbeat Dad Law in Indiana

The term "deadbeat dad" refers to fathers failing to pay child support, though the concept can also include any noncustodial parent. The laws dealing with such cases vary from state to state. Indiana parents delinquent in paying child support, as well as parents seeking just compensation, should familiarize themselves with the deadbeat dad laws in Indiana. This will familiarize debtors with the consequences of their actions, as well as inform parents seeking payment of their legal options.

License Suspension

    In 2008, the office of Governor Mitch Daniels announced a new program designed to get deadbeat parents to pay up. Noncustodial parents owing more than $25,000 in back child support will have their driver's licenses revoked by the state. At the time, it was estimated that this would effect as many as 4,000 parents throughout the state. These parents would receive a number of notices as well as 60 days to respond before losing their license.

Liens

    You may be in a situation where the nonpaying parent has a large amount of property. In such a case, you can pursue having a lien put on any property the parent owns. This does not provide you with payments immediately, however. A lien only states that you must receive money owed to you before the seller can receive any monetary benefit from the sale of property. Put simply, you will not receive any money until the owner sells.

Garnishment

    The State of Indiana will take measures to garnish the wages of nonpaying noncustodial parents shirking court-ordered child support. State law limits the amount of wages that can be garnished. It is the lower figure of either 25 percent of disposable income or income greater than 30 times the federal minimum wage. Garnishment can be used by the state to obtain both new payments and old payments still outstanding.

Protected Property

    Not all property can have a lien attached to it. Indiana state law prohibits courts from placing liens on primary residences and equipment the nonpaying parent needs to make a living. This means, for example, that you cannot have a lien placed against a truck the noncustodial parent uses in his moving business. Unemployment benefits and other federal and state benefits are not protected from payment orders under Indiana state law.

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