Indiana Code 35-46-1-5 Nonsupport of a Dependent Child

(a) A person who knowingly or intentionally fails to provide support to his dependent child commits nonsupport of a child, a Class D felony. However, the offense is a Class C Felony if the total amount of unpaid support that is due and owing for one or more children is at least fifteen thousand dollars $15,000.

(b) It is a defense that the child had abandoned the home of his family without the consent of his parent or on the order of a court, but it is not a defense that the child had abandoned the home of his family if the cause of the child's leaving was the fault of his parent.

(c) It is a defense that the accused person, in the legitimate practice of his religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to his dependent child.

(d) It is a defense that the accused person was unable to provide support.

[As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340,SEC.88; Acts 1978, P.L.144, SEC.9.; Acts 1996, P.L. 213, SEC. 4; Acts 2001, P.L. 123, SEC. 4]

Indiana Code 31-16-9-1 Payment of Support Orders

(a) Upon entering an order for support, the court shall require that support payments be made through the clerk of the circuit court as trustee forremittance to the person entitled to receive payments, unless the court has reasonable grounds for providing or approving another method of payment.

(b) The clerk of the circuit court shall maintain records listing the amount of such payments, the date when payments are required to be made, the names and addresses of the parties affected by the order, and the information required to be submitted to the clerk under subsections (c) and (d). If the clerk elects under IC 5-13-6-4(a) not to follow the accounting and depository procedures required by IC 5-13-6, the clerk shall comply with IC 5-13-6-4(b).

(c) At the time of the issuance or modification of a support order, the parties affected by the order shall inform the clerk of the court:

(1) of any change of address or other conditions that may affect the administration of the order; and

(2) whether any of the parties is receiving or has received assistance under the Aid to Families with Dependent Children program (42 U.S.C.601 et seq.).

(d) A party who has been ordered to pay child support shall furnish the following information to the clerk of the court at the time of the issuance or modification of a child support order:

(1) The party's Social Security number.
(2) The name and address of the party's employer.

(e) At the time of entering an order for support or at any time thereafter the court may make an order, upon a proper showing of necessity, requiring the spouse or other person receiving support payments to render an accounting to the court of future expenditures upon such terms and conditions as the court shall decree.

(f) In all cases administered by the Title IV-D agency, the court shall order the noncustodial parent to inform the Title IV-D agency and the court of the following:

(1) the name and address of the noncustodial parent's current employer;
(2) specific health insurance policy information including access to health insurance plans; and
(3) the Social Security number of the noncustodial parent.

(g) Upon application to the court for enforcement of an order for support, the court may:

(1) enforce a judgment created under IC 31-16-6-2 against the person obligated to pay support;
(2) issue an income withholding order as provided in IC 31-16-15-1 to IC 31-16-15-3; or
(3) activate an income withholding order as provided in IC 31-16-15-5 and IC 31-16-15-6.

(h) The enforcement remedies provided under this section are in addition to other remedies available for collecting delinquent support.

(i) If the court finds that a party is delinquent in the payment of child support as a result of an intentional violation of an order for support, the court may find the party in contempt of court. The court may order a party who is found in contempt of court under this subsection to perform community service withoutcompensation in a manner specified by the court.

(j) When a court finds that a person is delinquent in the payment of child support (as defined in IC 12-17-2-34), or as a result of an intentional violation of an order for support, the court shall issue an order to the bureau of motor vehicles stating that the person is delinquent in making child support payments and ordering the following:

(1) If the person who is the subject of the order holds a driving license or permit on the date of issuance of the order, that the driving privileges of the person be suspended until further order of the court.

(2) If the person who is the subject of the order does not hold a driving license or permit on the date of issuance of the order, that the bureau may not issue a driving license or permit to the person until the bureau receives a further order of the court.

(k) When a court finds that a person who is an applicant (as defined in IC25-1-1.2-1), a practitioner (as defined in IC 25-1-1.2-7), an attorney, or alicensed teacher is delinquent in the payment of child support (as defined in IC12-17-2-34) as a result of an intentional violation of an order for support, the court shall issue an order to the board regulating the practice of the person's profession or occupation:

(1) requiring that the person's or practitioner's license be suspended until further order of the court; or ordering the board not to issue a license to the person who is the subject of the order if that person does not currently hold a license.

[Formerly: Acts 1973, P.L.297, SEC.1.) As amended by Acts 1976, P.L.128,SEC.1; Acts 1977, P.L.306, SEC.2; Acts 1978, P.L.134, SEC.1; Acts 1980,P.L.181, SEC.1; P.L.281-1983, SEC.1; P.L.53-1985, SEC.10; P.L.288-1987,SEC.2; P.L.50-1987, SEC.6; P.L.65-1989, SEC.2; P.L.133-1995, SEC.21.]

U.S. CODE - TITLE 18, 228. Failure to pay legal child support obligations

(a) Offense. - Whoever willfully fails to pay a past due support obligation with respect to a child who resides in another State shall be punished as provided in subsection (b).

(b) Punishment. - The punishment for an offense under this section is -

(1) in the case of a first offense under this section, a fine under this title, imprisonment for not more than 6 months, or both; and in any other case, a fine under this title, imprisonment for not more than 2 years, or both.

(c) Restitution. - Upon a conviction under this section, the court shall order restitution under section 3663 in an amount equal to the past due support obligation as it exists at the time of sentencing.

(d) Definitions. - As used in this section -

(1) the term ''past due support obligation'' means any amount - determined under a court order or an order of an administrative process pursuant to the law of a State to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living; and that has remained unpaid for a period longer than one year, or is greater than $5,000; and the term ''State'' includes the District of Columbia, and any other possession or territory of the United States.