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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
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  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.
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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