How Indiana Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Indiana, each late payment is a judgment and a lien. It can be collected by income withholding, driver’s license suspension once you are delinquent by $2,000 or three months, contempt and, over $2,500, passport denial.
What happens if you don’t pay child support in Indiana?
Each late payment is a judgment and a lien. A court can enforce a support order by contempt, an income withholding order or other remedies for enforcing a court order (IC 31-16-12-1), and the Title IV-D agency can act on licenses once you are delinquent by at least $2,000 or three months. Federal law adds passport certification above $2,500.
Can Indiana garnish wages for unpaid child support?
Yes. Support orders must include immediate income withholding for current support, arrearage, medical support, interest and fees, implemented within 15 days; a stay needs good cause or a written agreement, and a court lifts it when a payment becomes delinquent (31-16-15-0.5). Federal law limits garnishment for support: 50% if the person supports another spouse or child and 60% if not, rising to 55% and 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Does Indiana put a lien on property?
Yes. The judgment for a delinquent payment creates a lien on the obligor’s real and personal property; the holder has the priority of an unperfected secured creditor and may perfect it the way other civil judgment liens are perfected (31-16-16-3).
Can you lose a license for unpaid child support in Indiana?
Yes. When the IV-D agency finds an obligor delinquent, at least $2,000 or three months past due (31-25-4-2), it sends a notice. The obligor has 20 days to pay in full, set up a payment plan with an income withholding order or request a hearing, otherwise the agency orders the Bureau of Motor Vehicles to suspend driving privileges and notifies the boards for professional, occupational, hunting, fishing and other licenses (31-25-4-32). A hearing request is made within 20 days, is heard within 25 days and can contest only a mistake of fact (31-25-4-33). A court that finds an intentional violation also orders a driver’s license suspension (31-16-12-7).
Can you be held in contempt?
If the court finds the party delinquent through an intentional violation of the support order, it may find the party in contempt, and may order community restitution or service or an order to seek employment. An action to enforce an arrearage can be brought for contempt if commenced not later than 10 years after the child turns 18 or is emancipated, whichever is first (31-16-12-6).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The Indiana arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice inside its 20-day window, ask the agency for a payment plan, add up the balance in the Indiana child support arrears calculator and, if your circumstances changed, file a petition to modify because only payments after notice can change.
Frequently asked questions
What happens if you don’t pay child support in Indiana?
Each late payment is a judgment and a lien, collectible by withholding, license suspension, contempt and liens.
How much of my paycheck can Indiana take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to respond to an Indiana license notice?
20 days from the date the notice is mailed to pay in full, set up a payment plan or request a hearing.
Can I contest an Indiana license suspension?
Yes, within 20 days, but only on a mistake of fact.
When can the passport of an Indiana parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- IC 31-16-16-2: delinquent payments are judgments
- IC 31-16-16-3: liens
- IC 31-16-12-2: interest on delinquent payments
- IC 31-16-12-7: driver’s license suspension
- IC 31-25-4-2: delinquent defined
- IC 31-25-4-32: IV-D notice and license sanctions
- IC 31-16-15-0.5: immediate income withholding
- 42 U.S.C. 652(k): denial of passports
- IC 31-25-4-33: contesting a license order
- IC 31-16-12-6: contempt
- 15 U.S.C. 1673: restriction on garnishment
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.