Ind. Code » Title 31
Indiana Code

Ind. Code § 31-16-12-2 (2026)

Delinquent child support payments; interest charges

✓ current as of May 2026
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     Sec. 2. The court may, upon a request by the person or agency entitled to receive child support payments, order interest charges of not more than one and one-half percent (1 1/2%) per month to be paid on any delinquent child support payment. The person or agency may apply for interest if support payments are not made in accordance with the support order. Accrued interest charges may be collected in the same manner as support payments under IC 31-16-9.

[Pre-1997 Recodification Citation: 31-1-11.5-12(g).]

As added by P.L.1-1997, SEC.8.

 

Notes of Decisions
Cited in 10 cases, 2000–2018 · leading case: Whited v. Whited, 859 N.E.2d 657 (Ind. 2007).
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Whited v. Whited, 859 N.E.2d 657 (Ind. 2007). · cites it 4× “) [8] See Ind.Code Ann. § 31-16-12-2 (West 2006) ("The court may .”
Margaret Kosarko v. William A. Padula, Adm'r of the Est. of Daniel L. Herndobler, 979 N.E.2d 144 (Ind. 2012). · cites it 2× “2007), we applied both Section 34 — 51—4—8(b) of the TPIS and the common law prejudgment interest rules in reviewing the denial of prejudgment interest under Indiana Code Section 31-16-12-2, which permits "interest” on delinquent child support payments.”
McGuire v. McGuire, 880 N.E.2d 297 (Ind. Ct. App. 2008). · cites it 2× “*303 Ind.Code § 31-16-12-2 authorizes trial courts to award discretionary pre-judgment interest, see Whited, 859 N.”
Deel v. Deel, 935 N.E.2d 183 (Ind. Ct. App. 2010). · cites it 2× “Indiana Code Section 31-16-12-2 provides: The court may, upon a request by the person or agency entitled to receive child support payments, order interest charges of not more than one and one-half percent (1% %) per month to be paid on any delinquent child support payment.”
Johnson v. Johnson, 849 N.E.2d 1176 (Ind. Ct. App. 2006). · cites it 6× “In fact, Indiana Code Section 31-16-12-2 gives trial courts discretion to award interest at the rate of eighteen percent annually on delinquent child support payments.”
Whited v. Whited, 844 N.E.2d 546 (Ind. Ct. App. 2006). · cites it 2× “Indiana Code Section 31-16-12-2 provides in pertinent part: "The court may, upon a request by the person or agency entitled to receive child support payments, order interest charges of not more than one and one-half percent (14%) per month to be paid on any delinquent child…”
Caldwell v. Black, 727 N.E.2d 1097 (Ind. Ct. App. 2000). “Code § 31-16-12-2, 2 provided as follows: The court may, upon a request by the person or agency entitled to receive child support payments, order interest charges of not more than one and one-half percent (1$%) per month to be paid on any delinquent child support payment.”
Calloway v. Freismuth, 901 N.E.2d 67 (Ind. Ct. App. 2009). · cites it 6× “In addition, the trial court ordered that Mother was entitled to interest on the support arrearage pursuant to IC. § 31-16-12-2 at a rate of 1.5% interest per month.”
Jill (Kaiser) McKibben v. William Kaiser, 106 N.E.3d 529 (Ind. Ct. App. 2018). · cites it 2× “3 Wife also sought interest in the amount of one and one-half percent pursuant to Indiana Code Section 31-16-12-2, which provides that a trial court "may" order interest charges of up to one and one-half percent per month to be paid on delinquent child support.”
In Re Paternity of LFC, 901 N.E.2d 67 (Ind. Ct. App. 2009). · cites it 8× “In addition the trial court ordered that Mother was entitled to interest on the support arrearage pursuant to I.C. § 31-16-12-2 at a rate of 1.5% interest per month.”
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