FAQs

https://www.in.gov/dcs/2479.htm

http://www.in.gov/dcs/2478.htm

http://www.in.gov/dcs/2505.htm

Print this Plan Review Application Packet and fill it out. Feel free to call with questions. Instructions are provided within the packet. See also:

• Criteria for Newly Constructed or Renovated Establishments
• Certified Food Handler FAQ
• Certified Food Handler Training Classes

• Our Office policy is not to discuss the origin of the payment. What we can tell you is, if the non-custodial parent owes past-due child support and is eligible for tax interception, we have requested the interception of State and Federal tax refunds. However, there are a number of reasons why our request may not be honored. For example, if the non-custodial owes back taxes, the tax refund will be applied to that debt first. If the non-custodial parent has another child support obligation, the refund may be applied to that case instead of yours. If you were (or are) receiving TANF benefits and the State has not been reimbursed for those benefits, the federal tax refund will be applied first to any amount owed to the State.

No. In Indiana, parents cannot make deals between themselves regarding child support. Only a court can decide how much child support is owed. Even a court normally cannot write off or modify the amount of past-due child support that is owed. The reason for this rule is that the right to receive support belongs to the child, not to the custodial parent, and it is not in the child’s best interest to let the non-custodial parent out of his or her current or past support obligation. You can discontinue the enforcement, by the TItle IV-D office.

A person’s child support obligation does not automatically increase or decrease when that person’s (or the other parent’s) income changes. If you wish to look into changing the amount of support the non-custodial parent is ordered to pay, please see our web page about modifying your child support.

Probably. Please see our web page about interstate cases.

Our office has access to information at local, state-wide, and national levels. That information includes prison and jail records; addresses; employment and wage reports; etc. However, it is still possible for a person to evade our search. Often the custodial parent is our best source of leads in locating someone. We welcome and appreciate any information you can provide.

The Title IV-D Program has no authority to incarcerate someone. Only a court can do that. You have the right to attend every court hearing and speak to the court. You can make recommendations about appropriate sanctions for contempt, including a request that the non-custodial parent be incarcerated. We will also attend every court hearing and make our recommendations. Ultimately, however, it is up to the court alone to decide how to handle each case.

If we sanctioned your TANF benefits, it is because you failed to turn in required paperwork by the deadline, attend a court hearing, or provide us with information that we need to administer your child support case. We will explain what information or assistance we need from you. As soon as you cooperate with our request, we will ask that your benefits be restored.

• The answer to that question depends on a large number of factors, many of which our office has no control over, so we will provide just some very general answers here.
• If a child support order has already been issued by a court in Morgan County, and you know where the other parent works, we should be able to get child support withheld from the other parent’s paycheck and sent to you.
• If a court hearing has to be requested by our office for whatever reason, the hearings are based on the court schedule not our office.
• There are lots of reasons why the process can take much longer, including: the non-custodial parent’s whereabouts are unknown; the non-custodial parent resides in another state, is in the military, or is incarcerated; the non-custodial parent avoids service of summons or fails to appear at the court hearing; the non-custodial parent is unemployed, disabled, or works for cash under the table.

The short answer is: (1.) to protect your privacy, and (2.) to provide the highest level of customer service with the limited resources that we have. First, we need to make sure that we provide information only to the person who has the right to receive it. By requiring that you make your request in writing and provide proof of identity, we can be certain that we are communicating only with you.

Although we do not provide case-specific information over the phone, you can discuss your case in person with a customer service representative by stopping by our office during regular business hours. You do not need an appointment.

For a criminal case, please contact the court your case is filed in and speak to the court staff. For civil issues, call 812-269-6463 Monday - Friday 9 am to 4 pm to apply for free or reduced legal fees. For divorce cases, please obtain the paperwork from the clerk's office on the 1st floor of the Morgan County Courthouse and bring it to court with you.

Criminal charges should begin with an investigation by a police agency. Our office can assist persons in determining the appropriate agency to make a report.

Once a person contacts a police agency regarding the commission of the crime, and causes another person to be arrested and charged, the decision to pursue the case is decided by the Morgan County Prosecutor’s Office. Our office policy is that once a person is charged, they are prosecuted, regardless of whether the victim has changed his/her mind.

Your best source of information regarding Court dates is the Court itself. Court schedules are created by the Court staff, and are subject to change; the Court possesses the most current information on its own calendar. Or go to mycase.in.gov

That depends. Are you a victim or a defendant? If you are the defendant, and you are represented by an attorney, Prosecuting attorneys are ethically forbidden to speak with defendants about their cases. If you are representing yourself and you have been advised of your right to proceed without an attorney then we may be able to speak with you about your case. If you are a victim, you are entitled to, and should be able to speak to the Prosecuting Attorney handling the case. If you need to speak to someone right away, you may want to first contact the victim assistant coordinator. Please note that Prosecutors have many cases to handle and are often in court and unavailable.

The office of the Prosecuting Attorney will give legal advice on criminal matters to police agencies. Although the Prosecuting Attorney can give general advice on whether certain facts would constitute the commission of a crime, our office is generally reluctant to do so on individual cases to private citizens. Often people seeking a favorable opinion will give a distorted version of the facts; a full investigation by a police agency may reveal grounds for prosecution, which were not disclosed to our office. In addition, no opinion given can be construed as immunity from prosecution. The Morgan County Prosecutor’s Office will not give legal advice on civil matters; all civil legal questions should be referred to a competent private attorney.

A warrant is an order signed by a Judge authorizing the police to arrest a person believed to have committed a crime.

The defendant is brought before the court for an initial hearing. The court will advise the defendant of the charges against him/her and their rights. Normally, the Judge automatically enters a plea of “not guilty.” A bond may or may not be set. The court will advise the defendant about the right to have an attorney represent him/her and if the defendant requests an appointed attorney, the court will make a determination about the defendant’s ability to pay for an attorney. Finally, the court will set and provide the defendant with future court hearing dates.

A pre-trial conference is held to determine if there are any motions which need to be ruled on; make sure the prosecutor and the defense attorney have exchanged appropriate documents; and basically make sure that everyone is on track for the trial. Many times pre-trial conferences are handled informally, however, some Judges require a formal pre-trial conference at which the defendant is required to appear. The victim does not need to appear.

A bench trial is a trial before a Judge without a jury. A jury trial is a trial before a Judge with a jury consisting of either six or twelve jurors (with alternates).

A subpoena is a court order, which instructs the recipient to appear in court at a designated date and time.

The court may issue a warrant for your arrest for failure to appear.

Witnesses to crimes are required to appear personally in Court to tell what happened. Although it may be inconvenient, the cornerstone of a free society is the willingness of persons to appear in Court so that the truth about a crime can be known. Witnesses are generally not compensated for lost wages or other incidental expenses involved in testifying.

Only if there is no “separation of witness order.” Usually witnesses are not allowed to be in the courtroom until after they have finished testifying. You should ask the prosecutor handling your case if a separation order has been filed.

We will attempt to notify you as soon as we become aware of any changes. However, your subpoena provides you with a contact person and telephone number to call the day before you are scheduled to appear in court. At that time you will be informed if the trial date has changed.

Intimidating, threatening and/or harassing a state’s witness is a criminal offense. You should immediately contact the police officer or detective in charge of your case. An arrest warrant may be issued and the defendant’s bail could be revoked. The defendant would then remain incarcerated until the trial is held.

These individuals have the right to contact you; however, you also have the right not to talk with them. We request that you contact the prosecutor handling your case prior to talking with anyone acting on behalf of the defendant. We prefer that you only do so in our presence. You should also always ask for identification from the individual(s) wanting to talk to you.

The case will be set for sentencing, usually about thirty days from the date of the guilty plea or trial. In misdemeanor cases the sentencing may be the same day as the guilty plea or trial. If it is a felony, the defendant will sometimes waive the thirty day period. During this time the probation department will prepare a Pre-Sentence Investigation Report (PSI Report). The probation officer assigned to the case should contact all victims and ask for their input and feelings about the defendant.

Our Victim Assistance Division can make referrals, provide victims with support, referrals and guidance and most importantly keep you updated on the progress of your case as it is going through the court system.

Contact our Victim Assistance Division for the paperwork and forms. We can help determine if you qualify for a protective order. Indiana law specifies protective orders are to be used only for victims of domestic violence, stalking, sex offenses, or workplace violence situations.

There is no fee for a protective order.

The Court who issued the order must decide whether to allow the order to be dropped. You should contact the appropriate court and they will provide you with the necessary directions.

You can pick up a packet at the Morgan Co. Clerk’s Office located inside the Courthouse at 10 E. Washington Street, Martinsville (on the square) or you can go to the Indiana Courts website.

Restitution is something the court can order the defendant to pay to the victim for certain expenses related to the crime.

The court may consider property damages, medical and hospital expenses, lost earnings and funeral, burial or cremation costs. Since the court decides whether or not to order restitution, if you have insurance coverage, you may want to submit your claim for any losses to your provider and then provide documentation on any uninsured expenses.

You should provide documentation, such as copies of receipts or an estimate of repairs, to obtain restitution.

You should send your restitution information to our victim assistance coordinator as soon as possible. The information must be received prior to sentencing.

Each case may be handled differently. If restitution is ordered you can ask the victim assistant coordinator when and how you will receive your restitution.

Victim Assistance can help you apply for Violent Crimes Compensation if you qualify. This is a state fund to help victims of crime with medical or funeral expenses.

Our Victim Assistant Coordinator will keep you notified of court dates. It is important that you inform us of your desire to be notified and anytime you change your address or phone number.

As an Indiana crime victim, you have a right to make an oral or written statement to the court prior to sentencing. The statement can allow you to convey how the crime has affected you emotionally, physically, and financially. You can also convey to the court what type of punishment you think is appropriate for the crime.

Any written statement must be received prior to the sentencing date. If you wish to be present at the hearing to make an oral statement, please contact our victim assistant coordinator so that the prosecutor assigned to your case is aware of your desire to make an oral statement.