- (a) The Office of Child Support Enforcement may refer cases for state criminal nonsupport to the appropriate prosecuting attorney for consideration if, upon review of the case, it appears the obligation to support is not being met.
(b) Additionally, referrals to the appropriate prosecuting attorney are required if:
- (1) The office has had enforcement responsibility for at least twelve (12) consecutive months;
- (2) More than ten thousand dollars ($10,000) is owed and remains unpaid;
- (3) Regular child support payments are not being paid; and
- (4) The custodial party has completed and signed an affidavit containing the required information, including a request that the noncustodial parent be prosecuted for the criminal offense of nonsupport.