How Much Back Child Support is a Felony in Indiana?
Child support is a crucial aspect of ensuring the well-being of children whose parents are no longer together. In Indiana, the failure to pay child support can lead to severe consequences, including criminal charges. In this article, we will explore the amount of back child support that can lead to a felony charge in Indiana.
What is Considered a Felony in Indiana?
In Indiana, a felony is considered a crime that is punishable by a prison sentence of more than one year. Child support non-payment is considered a felony if the amount owed is $10,000 or more.
Consequences of Failing to Pay Child Support
Failing to pay child support can lead to serious consequences, including:
• Criminal Charges: As mentioned earlier, non-payment of child support can lead to criminal charges, including felony charges if the amount owed is $10,000 or more.
• Wage Garnishment: The court can order an employer to withhold a portion of the individual’s wages to pay back child support.
• License Suspension: The individual’s driver’s license, professional license, or recreational license can be suspended or revoked.
• Jail Time: Failure to pay child support can result in jail time, even if it’s just for a short period.
How Back Child Support Can Lead to a Felony Charge
Back child support can lead to a felony charge in the following situations:
• $10,000 or more: As mentioned earlier, non-payment of $10,000 or more in child support can lead to a felony charge.
• Intent to Avoid Paying Support: If an individual intentionally fails to pay child support to avoid making payments, they can be charged with a felony.
• Multiple Felony Charges: If an individual has multiple felony child support charges, they can face severe consequences, including extended prison sentences.
The Legal Process
The legal process for failing to pay child support in Indiana typically involves the following steps:
- Complaint Filed: The obligor (the person required to pay child support) fails to make timely payments, and the obligee (the person entitled to receive child support) files a complaint with the court.
- Notice Sent: The obligor receives notice of the complaint and is given a deadline to respond.
- Hearing Scheduled: A hearing is scheduled to determine the amount of back child support owed.
- Arrearage Determined: The court determines the amount of back child support owed and the individual’s ability to pay.
- Sentence Imposed: The court imposes a sentence, which may include fines, community service, or prison time.
What Happens After a Felony Charge
If an individual is charged with a felony for failing to pay child support, they may face the following consequences:
• Criminal Charges: The individual will face criminal charges and may be ordered to appear in court.
• Bond Set: A bond may be set, and the individual may be released from custody pending trial.
• Jail Time: The individual may face jail time if convicted.
• Fine: The individual may be ordered to pay a fine.
• Probation: The individual may be placed on probation and required to comply with certain conditions.
Conclusion
In conclusion, failing to pay child support in Indiana can lead to severe consequences, including criminal charges. The amount of back child support that can lead to a felony charge is $10,000 or more. It’s essential for individuals to understand the legal process and the consequences of failing to pay child support to avoid legal issues.
Table: Back Child Support Consequences
| Consequence | Description |
|---|---|
| Criminal Charges | Felony charges for non-payment of $10,000 or more |
| Wage Garnishment | Withholding of wages to pay back child support |
| License Suspension | Suspension or revocation of driver’s license, professional license, or recreational license |
| Jail Time | Possible sentence of jail time |
| Fine | Possible fine |
Frequently Asked Questions
Q: How much back child support is a felony in Indiana?
A: $10,000 or more
Q: What happens if I fail to pay child support in Indiana?
A: You may face criminal charges, wage garnishment, license suspension, jail time, and a fine.
Q: How do I know if I’m eligible for a felony charge for non-payment of child support?
A: You will be eligible for a felony charge if you owe $10,000 or more in back child support.
By understanding the legal process and the consequences of failing to pay child support, individuals can avoid legal issues and ensure the well-being of their children.
