NAJAM, J.
Here, Sickels contends that his multiple convictions for nonsupport violate double jeopardy principles because his nonsupport violates only one civil order, which is an “in gross” support order. That is, the civil support order requires Sickels to pay a sum certain per week rather than per child. It is apparently irrelevant to Sickels’ double jeopardy argument that he was convicted of two Class C felonies and one Class D felony. The difference between the two levels of conviction is that a Class C felony requires an arrearage of at least $10,000. See I.C. § 35-46-1-5(a) (West 1998).
Sickels’ double jeopardy arguments recently found support from this court in Sanjari v. State, 942 N.E.2d 134 (Ind. Ct. App. 2011), vacated by grant of transfer (Ind. May 6, 2011) (docket). In that case, another panel of this court concluded that, under the language of the current version of the statute, multiple convictions for nonsupport of a dependent violated the Double Jeopardy Clause of Indiana’s Constitution. Specifically, that panel stated as follows:
[Defendant] Sanjari also asserts that his convictions for two counts of class C felony nonsupport of a dependent child violate the constitutional prohibition against double jeopardy. . . .
Originally, the State charged Sanjari with two counts of class C felony nonsupport, one pertaining to A.S. and one pertaining to M.S., with each count listing an arrearage of $17,728 as of August 31, 2006. . . .
Sanjari now claims that, due to double jeopardy constraints, the trial court could enter judgment of conviction on only one of the two class C felony counts. He predicates his claim on the fact that only one child support order exists. That support order is an “in gross” order covering both of Sanjari’s children. Indiana Code Section 35-46-1-5(a) states,
A person who knowingly or intentionally fails to provide support to the person’s 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 (1) or more children is at least fifteen thousand dollars ($15,000).
(Emphasis added.)
The record supports Sanjari’s double jeopardy argument. The actual evidence used to convict Sanjari of two class C felony counts was one “in gross” support order. Although he has harmed more than one victim, he has committed only one crime: failure to pay at least $15,000 in support to one or more children. As such, conviction on both class C felony counts amounted to multiple punishments for the same offense in violation of his double jeopardy rights. Accordingly, we vacate his conviction on Count II class C felony nonsupport. We affirm his conviction and sentence on Count I, class C felony nonsupport.
Id. at 143-44 (citation to the record omitted). The State sought, and our supreme court granted, transfer of jurisdiction in Sanjari. [Footnote omitted.] Accordingly, that decision has been vacated. [Footnote omitted.] See Ind. Appellate Rule 58(A).
Insofar as the panel in Sanjari reached its conclusion based on the current version of the statute, that decision is inapposite here because the current statutory language is materially different from the language in effect at the time Sickels committed his crimes. Under the prior version of the statute, it was well established that the State could prosecute multiple felonies for multiple dependents, even if there was only one support order. See Moore, 688 N.E.2d at 918; Geans, 623 N.E.2d at 437. Sanjari’s reliance on the language of the current version of the statute simply does not apply to Sickels’ prosecution.
However, the Sanjari panel’s conclusion that the use of one civil order to support multiple convictions violates the Richardson actual evidence test would, if accurate, apply with equal force on these facts as it did in that case. But we are not persuaded that Sanjari is accurate in that respect. The statute proscribes the nonsupport of dependents, not the violation of civil support orders. See Porter v. State, 935 N.E.2d 1228 (Ind. Ct. App. 2010) (holding, under the current version of the statute, that the State could seek multiple Class D felonies convictions for multiple, unsupported dependents); Geans, 623 N.E.2d at 437 (holding the same under the prior version of the statute). In the language of double jeopardy, we conclude that Sickels’ three convictions do not violate the same elements test of the United States Constitution or the statutory elements test or the actual evidence test of the Indiana Constitution.
We first consider the same elements test and the statutory elements test. As our supreme court has stated:
This inquiry is quite simple when a facial comparison of the charged crimes clearly shows that separate offenses are involved. For example, if a defendant is charged with murdering A and murdering B, further inquiry into whether the offenses are the “same offense” for double jeopardy purposes is not warranted because the charged crimes are different on their face. They involve different victims. Similarly, if a defendant is charged with robbing a particular store on Monday and then again on Friday, the offenses are, facially, not the same.
Richardson, 717 N.E.2d 32, 50 n.40.
Here, the State charged Sickels with having committed three counts of nonsupport of a dependent. Each of the State’s allegations was based on a different victim, namely, one of Sickels’ dependent children. As Sickels himself acknowledges, on the face of the charging information the State alleged three different crimes. See Appellant’s Br. at 45. Stated another way, each alleged offense “require[d] proof of a fact that the other d[id] not,” namely, the nonsupport of a particular dependent child. Id. at 50 n.41 (discussing the Blockburger standard). Thus, the State’s allegations did not violate the same elements test or the statutory elements test.
Similarly, neither do Sickels’ three convictions violate the actual evidence test. According to our supreme court:
To show that two challenged offenses constitute the same offense under the actual evidence test, “a defendant must demonstrate a reasonable possibility that the evidentiary facts used by the fact-finder to establish the essential elements of one offense may also have been used to establish the essential elements of a second challenged offense.” [Richardson, 717 N.E.2d at 53.]
Application of the actual evidence test requires the reviewing court to identify the essential elements of each of the challenged crimes and to evaluate the evidence from the jury’s perspective, considering where relevant the jury instructions, argument of counsel, and other factors that may have guided the jury’s determination. Richardson, 717 N.E.2d at 54 n.48; see, e.g., Burnett v. State, 736 N.E.2d 259, 262-63 (Ind. 2000). The Richardson actual evidence test was carefully and deliberately crafted to provide a general formulation for the resolution of all actual evidence test claims. The language expressing the actual evidence test explicitly requires evaluation of whether the evidentiary facts used to establish the essential elements of one offense may also have been used to establish the essential elements of a second challenged offense. The test is not merely whether the evidentiary facts used to establish one of the essential elements of one offense may also have been used to establish one of the essential elements of a second challenged offense. In other words, under the Richardson actual evidence test, the Indiana Double Jeopardy Clause is not violated when the evidentiary facts establishing the essential elements of one offense also establish only one or even several, but not all, of the essential elements of a second offense. Application of this principle has been articulated in different ways. Compare Richardson, 717 N.E.2d at 54 (“the defendant has demonstrated a reasonable possibility that the evidentiary facts used by the jury to establish the essential elements of robbery were also used to establish the essential elements of the class A misdemeanor battery”), with Chapman v. State, 719 N.E.2d 1232, 1234 (Ind. 1999) (“the same evidence used by the jury to establish the essential elements of murder was also included among the evidence establishing the essential elements of robbery as a Class A felony”).
Spivey v. State, 761 N.E.2d 831, 832-33 (Ind. 2002) (emphasis added, footnote omitted). That is, to avoid a double jeopardy violation, “each conviction require[s] proof of at least one unique evidentiary fact.” Bald v. State, 766 N.E.2d 1170, 1172 (Ind. 2002).
An essential element of the crime of nonsupport of a dependent is the existence of a dependent child. See I.C. § 35-46-1-5(a). Thus, an essential element of the State’s first charge against Sickels was the existence of G.S. An essential element of the State’s second charge was the existence of M.S. And an essential element of the third charge was the existence of B.S. As such, each of the State’s three allegations “required proof of at least one unique evidentiary fact.” Bald, 766 N.E.2d at 1172. And the proof of one child’s existence is a discrete and unique fact that does not prove the existence of another child. Thus, Sickels’ three convictions did not violate to the actual evidence test. [Footnote omitted.]
. . . .
Sickels next argues that the trial court improperly ordered him to pay restitution. At the sentencing hearing, the trial court stated that “restitution” in the amount of “$86,420” is to be made to “Ms. Sickels, the victim in the case.” Transcript at 87. But in its written sentencing order, the court states: “Arrearage in the amount of $84,420.00 as of 2/8/11 reduced to judgment in favor of Kathy L. Sickles [sic], civil cause number 20D03-9107-DR205.” Appellant’s App. at 118 (emphasis original). These two statements are unclear . . . and require a remand for clarification.
. . . .
Second, pursuant to Indiana law, “in addition to any sentence imposed” for a criminal offense the trial court is authorized to order “restitution to the victim of the crime.” I.C. § 35-50-5-3. The amount of restitution ordered must reflect the actual loss suffered by the victim. Myers v. State, 848 N.E.2d 1108, 1109 (Ind. Ct. App. 2006). But Kathy is not the victim of Sickels’ crimes. His children are. It is generally established that child support payments are for the benefit of the child, not for the benefit of the parent. See Haley v. Haley, 771 N.E.2d 743, 752 (Ind. Ct. App. 2001). As such, the court’s order for Sickels to pay restitution to Kathy as “the victim” is erroneous. See Transcript at 87.
Finally, the court’s two statements alternatively refer to Sickels’ payment as either “restitution” or as a civil judgment. See Transcript at 87; Appellant’s App. at 118. While restitution is a proper criminal penalty, civil court is the proper venue to adjudicate civil judgments. See Haltom v. State, 832 N.E.2d 969, 972 (Ind. 2005). Thus, on remand the court shall correct its sentencing order and other documents to reflect only restitution.
RILEY, J., and MAY, J., concur.