Dixon & Moseley | Attorneys At Law

Call For A Consultation: 463-634-8983

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 463-634-8983

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Child Support
  4.  | 
  5. Four “Fatal” Child Support Mistakes to Avoid

Four “Fatal” Child Support Mistakes to Avoid

On Behalf of Dixon & Moseley, P.C. | Dec 28, 2017 | Child Support

In divorce and paternity cases, there are numerous state and federal laws requiring parents to pay child support for their children, and about as many laws for enforcement of court- order support obligations. In fact, failure to pay child support may cause legal penalties against you, ranging from losing a professional license to being found in contempt of court and ordered to jail. This blog covers four simple ways to avoid a child support arrearage and its legal consequences.

First, some parents pay child support directly to the other parent. This is always a mistake. Child support not paid through the clerk may be presumed to be a gift under the law if a dispute arises and it is tried in court. The Clerk’s record, on the other hand, is proof-positive that child support has been paid, how much has been paid, and when it was paid. If you are paying support directly, this is not supported by Indiana law and places you in unnecessary legal risk.

Second, in Indiana, a child is legally emancipated at age nineteen (19) in most cases.1 However, unless your income withholding order (“IWO”) is terminated the support taken from your check will continue, resulting in a significant overpayment to the other parent. This is very hard to get reimbursed if it has been spent by the receiving parent. So you need to evaluate your payment of child support before the age of nineteen (19) comes and passes. Remember, the payor-parent may still have to pay college expenses; the court has wide discretion as to what constitutes these expenses.

Third, sometimes a parent loses a job, has job change to a lower paying job, or has other legal bases to modify child support. A clear and stark example is where a paying parent is criminally convicted and goes to jail. This does not automatically terminate or modify child support. The paying parent MUST file a petition to modify his or her child support obligation. A trial court can only retroactively modify child support to the date a petition was filed. If weeks, months, or years pass, a significant arrearage will accrue and will be due and payable. There is no discretion for a court to modify support retroactively before the date a petition to modify child was filed.

Fourth, a parent is legally obligated to pay the child support as ordered. When financial stress occurs, some parents have a tendency to stop paying support altogether. Most courts consider this a willful act and contempt of court. Furthermore, failing to at least pay what you can afford increases the risk for an enforcement proceeding to be filed against you. In these cases, the court may order you to pay the other parent’s legal fees. It is always a mistake not to make a good faith effort to follow the court order by paying some child support. Practically speaking, it is much easier for a parent to pay down an arrearage when he or she has been paying some amount toward the child support order.

This blog is written by Dixon & Moseley, P.C. attorneys handle child support cases of all types throughout Indiana. This blog is provided for general educational purposes and is not a solicitation for legal services or specific legal advice. It is an advertisement.

  • Indiana Code 31-16-6-6.
  • Recent Posts

    • Intentional vs. Negligent Infliction of Emotional Distress: Why Emotional Harm Alone Is Not Enough
    • Can Social Media Be Used as Evidence in an Indiana Divorce Case? (2026 Guide)
    • BP Can AI-Generated Content Be Used as Evidence in an Indiana Family Law Case?
    • Can a Parent Move Out of State With a Child After Divorce in Indiana?
    • Clearly Erroneous Review in Indiana Bench Trials: Why Appellate Courts Rarely Reweigh the Evidence (2026)

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Dixon & Moseley | Attorneys At Law

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    463-634-8983

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online