What Indiana law says about refusing child support
No, a parent cannot simply decide not to want child support in Indiana, and a court will not honor an agreement between parents to waive it. Indiana law treats child support as a right that belongs to the child, not to the parents. Even if both parents agree they do not want the support order, a judge can refuse to approve it, and the state can pursue collection on behalf of the child regardless of what the parents want.
This rule exists because child support is considered a legal obligation to the child's welfare, not a private contract between adults. The state has an interest in ensuring children receive financial support from both parents. If you and the other parent have agreed not to pursue support, a court may still order it, and the Department of Child Services can open a case and enforce collection without either parent's consent.
The only circumstance where support truly ends is if parental rights are terminated — usually through adoption by a stepparent or another adult. Short of that, Indiana courts will not let parents opt out.
Key Takeaways
- Indiana law treats child support as the child's right, not the parents' choice, so courts will not honor an agreement between parents to waive it.
- Even if both parents agree they do not want a support order, a judge can refuse to approve the waiver and impose support anyway.
- The state can pursue child support collection through the Department of Child Services without either parent's consent or request.
- Parental rights termination through adoption is the only legal way to end a parent's support obligation entirely.
Why courts reject agreements to waive child support
Indiana courts view child support as separate from the parents' relationship or financial arrangement. A parent cannot trade away the child's right to support in exchange for something else — such as giving up custody, avoiding alimony, or keeping the other parent out of the child's life. Courts have rejected these kinds of deals repeatedly because they put the child's interests second to the parents' convenience.
If a judge suspects that parents have agreed to waive support, the judge may order it anyway and require the paying parent to begin making payments. This can happen even years after a divorce or custody order was entered. The state's interest in preventing child poverty overrides the parents' private agreement.
What happens if you and the other parent agree informally
If you and the other parent have agreed not to pursue support and are handling finances on your own, the arrangement may work in practice — but it has no legal protection. If circumstances change, either parent can ask the court to establish or modify support at any time. The other parent could also request back support for years prior, depending on when the case is opened.
Additionally, if you receive public benefits such as TANF (Temporary Assistance for Needy Families) or Medicaid for your child, the state automatically pursues child support on your behalf. You cannot opt out of this. The state will open a case, locate the other parent, and collect support to reimburse the benefit program. This happens whether or not you want it to.
An informal agreement also leaves you without a court order. If the other parent stops paying or changes their mind, you have no legal document to enforce. Conversely, if you need support later, you will have to start the process from the beginning.
When the state pursues support without a parent's request
Indiana's Department of Child Services can open a child support case on its own initiative or at the request of either parent. If you receive public assistance for your child, the state will pursue support automatically. You do not have to ask for it, and you cannot refuse it.
The state locates the other parent, establishes paternity if needed, and seeks a court order for support. The money collected goes first to reimburse the state for benefits paid, then to you. Even if you tell the department you do not want support, the case will continue.
If you are not on public assistance and do not request support, the state will not open a case on its own. However, the other parent can request it at any time, and the court will order it. You cannot prevent this by claiming you both agreed not to pursue it.
How to modify or stop support if circumstances change
If a support order already exists and your circumstances have changed significantly — such as a job loss, serious illness, or substantial increase in income — you can ask the court to modify the order. This is different from waiving support. A modification changes the amount based on current financial reality, but it does not eliminate the obligation.
To modify support in Indiana, you file a petition with the court that issued the original order. You must show a substantial and continuing change in circumstances. The court will recalculate support based on current income, custody time, and other factors. The new amount could be lower, higher, or the same.
Support ends automatically when the child turns 19 (or finishes high school, whichever is later), unless the child has a disability. It can also end if parental rights are terminated through adoption. Short of those events, modification is the only legal way to change the amount owed.
What to do if you want to reduce your support obligation
If you are paying support and believe the amount is too high, file a modification petition with the court. Bring documentation of your current income, expenses, and custody time. The court will recalculate using Indiana's child support guidelines. If your income has dropped or your custody time has increased, the new order may be lower.
Do not simply stop paying because you and the other parent have agreed. Arrears accumulate quickly, and the state can pursue collection through wage garnishment, tax intercept, license suspension, and other enforcement tools. A modification order protects you legally; an informal agreement does not.
If you cannot afford the current amount, contact the court or the Department of Child Services to discuss your options. Some courts offer payment plans or temporary reductions while you work through a financial crisis. Acting proactively is far better than falling behind.
Frequently Asked Questions
Can we put an agreement not to pay child support in writing and have it notarized?
No. A notarized agreement between parents to waive child support is not enforceable in Indiana. A court will not recognize it, and the state can still pursue collection. The only document that matters is a court order. If you want to change the amount of support, you must file a modification petition with the court.
What if the other parent is not involved in the child's life — can we skip support?
No. Lack of involvement does not eliminate the financial obligation. A parent can be ordered to pay support even if they have no custody or visitation time. If you want to reduce support because the other parent is not present, you would need to show a substantial change in circumstances and file a modification petition. The court will consider the situation but will not waive support based on the other parent's choices.
If I receive public benefits, can I tell the state not to pursue child support?
No. When you receive TANF, Medicaid, or other public assistance, the state automatically pursues child support to reimburse the program. You cannot opt out. The state will open a case, locate the other parent, and collect support regardless of your preference. This is a condition of receiving the benefit.
What happens if we both agree and the other parent never pays?
If you have an informal agreement and the other parent stops paying, you have no legal recourse. There is no court order to enforce. You would have to start the process from scratch by filing for support. This is why a court order is essential — it gives you legal tools to collect, such as wage garnishment and tax intercept. An informal agreement leaves you unprotected.
Can a stepparent adoption end child support from the biological parent?
Yes. If a stepparent adopts the child, the biological parent's support obligation ends because parental rights are terminated. This is the only circumstance where support truly ends. The adoption must be completed through the court, and the biological parent must either consent or have their rights terminated involuntarily. Once adoption is final, the support obligation is gone.