reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 3.5. Security to Secure Child Support › 31-16-3.5-4. Forfeiture; Excess Proceeds

Sec. 4. The proceeds of the security, bond, or other guarantee ordered to secure the obligation of child support ordered under this article that are not applied to the expenses described in section 3 of this chapter must be applied toward:
(1) the child's postsecondary education; or
(2) the support and maintenance of the child.
As added by P.L.171-2001, SEC.8. Amended by P.L.2-2007, SEC.360.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 4. Repealed

[Pre-1997 Recodification Citations:
31-16-4-1formerly 31-1-11.5-7(a) part31-16-4-2formerly 31-1-11.5-7(b) part31-16-4-3formerly 31-1-11.5-7(c) part31-16-4-4formerly 31-1-11.5-7(d) part31-16-4-5formerly 31-1-11.5-7(e) part31-16-4-6formerly 31-1-11.5-7(f) part31-16-4-7formerly 31-1-11.5-7(g) part31-16-4-8formerly 31-1-11.5-7(h) part.]
Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 5. Repealed

[Pre-1997 Recodification Citations:
31-16-5-1formerly 31-1-11.5-8.2(a) part31-16-5-2formerly 31-1-11.5-8.2(a) part31-16-5-3formerly 31-1-11.5-8.2(b) part31-16-5-4formerly 31-1-11.5-8.2(c) part31-16-5-5formerly 31-1-11.5-8.2(d) part31-16-5-6formerly 31-1-11.5-8.2(e) part31-16-5-7formerly 31-1-11.5-8.2(f) part31-16-5-8formerly 31-1-11.5-8.2(g) part31-16-5-9formerly 31-1-11.5-8.2(h) part31-16-5-10formerly 31-1-11.5-8.3.]
Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-1. Child Support Orders; Relevant Factors; Income Withholding; Account at Financial Institution

Sec. 1. (a) Subject to subsection (f), in an action for dissolution of marriage under IC 31-15-2, legal separation under IC 31-15-3, child support under IC 31-16-2, or establishment of paternity under IC 31-14, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:
(1) the financial resources of the custodial parent;
(2) the standard of living the child would have enjoyed if:
(A) the marriage had not been dissolved;
(B) the separation had not been ordered; or
(C) in the case of a paternity action, the parents had been married and remained married to each other;
(3) the physical or mental condition of the child and the child's educational needs; and
(4) the financial resources and needs of the noncustodial parent.
(b) The court shall order that child support payments ordered under this section be immediately withheld from the income of the parent obligated to pay child support as provided under IC 31-16-15-0.5.
(c) The court shall order a custodial parent or third party under IC 31-16-10-1 who receives child support to obtain an account at a financial institution unless:
(1) the custodial parent or third party files a written objection before a child support order is issued; and
(2) the court finds that good cause exists to exempt the custodial parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shall provide the clerk of the circuit court, the state central collection unit, or other person or entity acting as assignee or trustee for remittance with an account number and any other information necessary to transfer funds to the account.
(d) In accordance with its policies, a financial institution may restrict or deny services to a person ordered to obtain an account under this section.
(e) This section may not be construed to require the clerk of the circuit court to remit child support payments by electronic funds transfer.
(f) In determining the amount to be ordered for support of a child, incarceration of a parent may not be considered to be voluntary unemployment.
[Pre-1997 Recodification Citation: 31-1-11.5-12(a).]
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.9; P.L.207-2013, SEC.44; P.L.94-2018, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-1.5. Claiming Child for Tax Purposes; Considerations; Conditions

Sec. 1.5. (a) A court shall specify in a child support order which parent of a child may claim the child as a dependent for purposes of federal and state taxes.
(b) In determining which parent may claim the child as a dependent under subsection (a), the court shall consider the following:
(1) The value of claiming the child as a dependent at the marginal tax rate of each parent.
(2) The income of each parent.
(3) The age of the child or children and the number of years that the child or children could be claimed as a dependent or dependents.
(4) Each parent's percentage of the costs of supporting the child or children.
(5) If applicable, the financial aid benefit for postsecondary education for the child or children.
(6) If applicable, the financial burden each parent assumed under the property settlement in a dissolution proceeding.
(7) Any other relevant factors.
(c) If a court designates that the noncustodial parent of a child may claim the child as a dependent for purposes of federal and state taxes, the court shall order the custodial parent of the child to take all actions necessary to release the custodial parent's claim to the exemption in the manner required under Section 152(e) of the Internal Revenue Code.
(d) If a court determines that a parent who is ordered to pay child support may claim the child as a dependent under subsection (a), the court shall include in the order that the parent may only claim the child as a dependent for federal and state tax purposes if the parent has paid at least ninety-five percent (95%) of the parent's child support for the calendar year for which the parent is ordered to claim the child as a dependent by January 31 of the following year.
As added by P.L.210-2011, SEC.4. Amended by P.L.6-2012, SEC.203.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-2. Expenses for Child's Education and Health Care; Title Iv-D Fees

Sec. 2. (a) The child support order or an educational support order may also include, where appropriate:
(1) amounts for the child's education in elementary and secondary schools and at postsecondary educational institutions, taking into account:
(A) the child's aptitude and ability;
(B) the child's reasonable ability to contribute to educational expenses through:
(i) work;
(ii) obtaining loans; and
(iii) obtaining other sources of financial aid reasonably available to the child and each parent; and
(C) the ability of each parent to meet these expenses;
(2) special medical, hospital, or dental expenses necessary to serve the best interests of the child; and
(3) fees mandated under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).
(b) If the court orders support for a child's educational expenses at a postsecondary educational institution under subsection (a), the court shall reduce other child support for that child that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
[Pre-1997 Recodification Citations: 31-1-11.5-12(b); 31-1-11.5-12(c).]
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.361.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-3. Setting Aside Parent's Property

Sec. 3. As part of the child support order the court may set apart the part of the property of either parent or both parents that appears necessary and proper for the support of the child.
[Pre-1997 Recodification Citation: 31-1-11.5-12(d).]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-4. Medical Support

Sec. 4. (a) A child support order must require either parent or both parents to provide medical support for the child through health insurance coverage if the health insurance coverage is available to the parent at a reasonable cost.
(b) An order for medical support under this section shall be enforced under 42 U.S.C. 666(a)(19).
[Pre-1997 Recodification Citation: 31-1-11.5-12.1.]
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.10; P.L.103-2007, SEC.18; P.L.80-2010, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-5. Security, Bond, or Other Guarantees

Sec. 5. Upon entering an order under section 1 of this chapter, the court may provide for such security, bond, or other guarantee that is satisfactory to the court to secure the obligation to make child support payments.
[Pre-1997 Recodification Citation: 31-1-11.5-15 part.]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-7. Effect of Child's Emancipation or Death of Parent Obligated to Pay Support

Sec. 7. (a) Unless otherwise agreed in writing or expressly provided in the order, provisions for child support are terminated:
(1) by the emancipation of the child; but
(2) not by the death of the parent obligated to pay the child support.
(b) If the parent obligated to pay support dies, the amount of support may be modified or revoked to the extent just and appropriate under the circumstances on petition of representatives of the parent's estate.
[Pre-1997 Recodification Citation: 31-1-11.5-17(d).]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-7.5. Funeral Expenses

Sec. 7.5. If the child dies while a support order is in effect, the court may order either or both parents to pay reasonable funeral expenses.
As added by P.L.207-2013, SEC.46.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-7.8. Child Support Considered Priority Claim

Sec. 7.8. Child support that:
(1) the parent was obligated to pay; and
(2) has not been paid at the time of the parent's death;
constitutes a priority claim against the estate.
As added by P.L.207-2013, SEC.47.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-8. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-17(b) part.]
As added by P.L.1-1997, SEC.8. Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-9. Duty to Furnish Information; Exception

Sec. 9. (a) The custodial parent and noncustodial parent shall furnish the following information to the clerk of the court for entry into the Indiana support enforcement tracking system (ISETS) or its successor statewide automated support enforcement system at the time of the issuance or modification of a child support order:
(1) Except as provided in subsection (b), the parent's:
(A) Social Security number;
(B) current residence and mailing address;
(C) telephone numbers;
(D) date of birth; and
(E) driver's license number.
(2) The name, telephone number, and address of the parent's employer.
(b) An individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the individual's current residence and mailing address if the individual provides an address designated by the office of the attorney general under IC 5-26.5 as the individual's current residence and mailing address.
As added by P.L.80-2010, SEC.31. Amended by P.L.128-2012, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6. Child Support Orders › 31-16-6-10. Notice of Change of Address, Federal Assistance, and Other Conditions Affecting Support Order; Exception

Sec. 10. (a) Except as provided in subsection (c), a party affected by a support order shall inform the clerk of the court and the state central collection unit established within the child support bureau by IC 31-25-3-1 of any change of address not more than fifteen (15) days after the party's address is changed.
(b) At the time of the issuance or modification of a support order, the parties affected by the order shall inform the clerk of the court and the state central collection unit established within the child support bureau by IC 31-25-3-1 of:
(1) whether any of the parties is receiving or has received assistance under the:
(A) federal Aid to Families with Dependent Children program (42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance for Needy Families (TANF) program (45 CFR 260 et seq.); and
(2) the Social Security number of any child affected by the order.
The Social Security number required under subdivision (2) shall be maintained in the Indiana support enforcement tracking system (ISETS) or its successor statewide automated support enforcement system and shall be kept confidential and may be used only to carry out the purposes of the Title IV-D program.
(c) A party who is an individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the individual's current residence and mailing address if the individual provides an address designated by the office of the attorney general under IC 5-26.5 as the individual's principal residence and mailing address.
As added by P.L.80-2010, SEC.32. Amended by P.L.128-2012, SEC.36.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6.4. Mediation › 31-16-6.4-1. Factors in Determination

Sec. 1. Whenever the court issues an order under this article, other than an ex parte order, the court shall determine whether the proceeding should be referred to mediation. In making this determination, the court shall consider:
(1) the ability of the parties to pay for the mediation services; and
(2) whether mediation is appropriate in helping the parties resolve their disputes.
As added by P.L.199-1997, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 6.4. Mediation › 31-16-6.4-2. Docketing; Extension; Report

Sec. 2. When a case is ordered to mediation, the case shall be placed on the court docket for final hearing. The mediation process must be completed not later than sixty (60) days after the mediation order is entered. However, the sixty (60) day period may be extended by the court upon the court's own motion, upon agreement of the parties, or upon the recommendation of the mediator, but may not be extended beyond the date set for final hearing. Upon completion of the mediation process, the mediator shall promptly file the mediation report.
As added by P.L.199-1997, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 7. Repealed

[Pre-1997 Recodification Citations:
31-16-7-1formerly 31-1-11.5-9(c) part31-16-7-2formerly 31-1-11.5-11(e) part.]
Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 8. Modification of Child Support or Maintenance Orders › 31-16-8-1. Modification or Revocation of Child Support Order or Maintenance Order

Sec. 1. (a) Provisions of an order with respect to child support or an order for maintenance (ordered under IC 31-16-7-1 or IC 31-1-11.5-9(c) before their repeal) may be modified or revoked.
(b) Except as provided in section 2 of this chapter, and subject to subsection (d), modification may be made only:
(1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and
(B) the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.
(c) Modification under this section is subject to IC 31-25-4-17(a)(6).
(d) Incarceration may constitute a change in circumstances so substantial and continuing as to make terms of an order unreasonable.
(e) For purposes of a petition to modify or revoke an order with respect to child support, the order described in subsection (b)(2)(B) refers only to an order in which:
(1) the amount of child support has been established or modified; or
(2) a petition to modify the child support order has been denied on the merits for a reason other than lack of timeliness.
The order described in subsection (b)(2)(B) does not include an order solely concerned with custody, parenting time, or other issues ancillary to the amount of child support, or an order that merely construes an existing order for child support, even if the order refers to or relates back to the order for child support.
[Pre-1997 Recodification Citation: 31-1-11.5-17(a) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.19; P.L.94-2018, SEC.3; P.L.99-2019, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 8. Modification of Child Support or Maintenance Orders › 31-16-8-2. Medical Support

Sec. 2. The court shall modify a support order to require either parent or both parents to provide medical support for the child through the health insurance coverage if a Title IV-D agency, authorized under the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17, petitions for the modification and the coverage is available to the parent at a reasonable cost.
[Pre-1997 Recodification Citation: 31-1-11.5-17.1.]
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.232; P.L.80-2010, SEC.33.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 8. Modification of Child Support or Maintenance Orders › 31-16-8-3. Security, Bond, or Guarantee

Sec. 3. The court may provide in a modification of a support order for the security, bond, or other guarantee that is satisfactory to the court to secure the obligation to make support payments.
As added by P.L.171-2001, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 8. Modification of Child Support or Maintenance Orders › 31-16-8-4. Petition to Modify Child Support Order Based on Incarceration

Sec. 4. If:
(1) a petition to modify a child support order based on incarceration of a party is filed; and
(2) no party files an objection or request for a hearing within thirty (30) days after receiving notice;
the court may modify the child support order, or approve a proposed modification, without holding a hearing.
As added by P.L.94-2018, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 9. Method of Payment of Support › 31-16-9-0.3. Wage Deductions for Child Support Order; Employer Collection of Certain Fees

Sec. 0.3. An employer who makes a deduction from an employee's wages, in accordance with an assignment of wages for the payment of child support ordered by the court before September 1, 1985, under IC 31-1-11.5-13 (before its repeal, now codified in this chapter and at IC 31-16-12), may collect a fee of two dollars ($2) each time the employer makes a deduction. The fee may be deducted by the employer from the employee's wages each time the employer makes the deduction for support.
As added by P.L.220-2011, SEC.500.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 9. Method of Payment of Support › 31-16-9-1. Clerk or State Central Collection Unit as Trustee for Remittance

Sec. 1. (a) This subsection applies before January 1, 2007. Upon entering an order for support in:
(1) a dissolution of marriage decree under IC 31-15-2;
(2) a legal separation decree under IC 31-15-3; or
(3) a child support decree under IC 31-16-2;
the court shall require that support payments be made through the clerk of the circuit court as trustee for remittance to the person entitled to receive payments, unless the court has reasonable grounds for providing or approving another method of payment.
(b) Beginning January 1, 2007, except as provided in subsection (c), upon entering an order for support in:
(1) a dissolution of marriage decree under IC 31-15-2;
(2) a legal separation decree under IC 31-15-3; or
(3) a child support decree under IC 31-14-11 or IC 31-16-2;
the court shall require that support payments be made through the clerk of the circuit court or the state central collection unit established by IC 31-25-3-1, as trustee for remittance to the person entitled to receive payments, unless the court has reasonable grounds for providing or approving another method of payment.
(c) The clerk of the circuit court may only accept child support payments that are paid in cash, and all noncash child support payments must be paid to the state central collection unit established within the child support bureau by IC 31-25-3-1.
[Pre-1997 Recodification Citation: 31-1-11.5-13(a).]
As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.10; P.L.148-2006, SEC.13; P.L.3-2008, SEC.231; P.L.207-2013, SEC.48; P.L.150-2018, SEC.14.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 9. Method of Payment of Support › 31-16-9-2. Records; Accounting

Sec. 2. (a) The clerk of the circuit court shall maintain records listing the following:
(1) The amount of the payments.
(2) The date when payments are required to be made.
(3) The names and addresses of the parties affected by the order.
(4) The information required to be submitted to the clerk under sections 3 and 4 of this chapter.
(b) If the clerk elects under IC 5-13-6-4(a) not to follow the accounting and depository procedures required by IC 5-13-6, the clerk shall comply with IC 5-13-6-4(b).
[Pre-1997 Recodification Citation: 31-1-11.5-13(b).]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 9. Method of Payment of Support › 31-16-9-3. Notice of Change of Address, Federal Assistance, and Other Conditions Affecting Support Order

Sec. 3. (a) A party affected by a support order shall inform the clerk and the state central collection unit established within the child support bureau by IC 31-25-3-1 of any change of address not more than fifteen (15) days after the party's address is changed.
(b) At the time of the issuance or modification of a support order, the parties affected by the order shall inform the clerk of the court and the state central collection unit established within the child support bureau by IC 31-25-3-1 of:
(1) whether any of the parties is receiving or has received assistance under the:
(A) federal Aid to Families with Dependent Children program (42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance for Needy Families (TANF) program (45 CFR 260 et seq.); and
(2) the Social Security number of any child affected by the order.
The Social Security number required under subdivision (2) shall be kept confidential and used only to carry out the purposes of the Title IV-D program.
[Pre-1997 Recodification Citation: 31-1-11.5-13(c).]
As added by P.L.1-1997, SEC.8. Amended by P.L.213-1999, SEC.11; P.L.148-2006, SEC.14; P.L.1-2007, SEC.192; P.L.3-2008, SEC.232; P.L.1-2009, SEC.158.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 9. Method of Payment of Support › 31-16-9-4. Duty to Furnish Social Security Number and Employer Information

Sec. 4. The custodial parent and the noncustodial parent shall furnish the following information to the clerk of the court and the state central collection unit at the time of the issuance or modification of a child support order:
(1) The parent's Social Security number.
(2) The name and address of the parent's employer.
[Pre-1997 Recodification Citation: 31-1-11.5-13(d).]
As added by P.L.1-1997, SEC.8. Amended by P.L.138-2001, SEC.11; P.L.148-2006, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 9. Method of Payment of Support › 31-16-9-5. Duty of Noncustodial Parent to Furnish Employer and Health Insurance Information and Social Security Number

Sec. 5. In all cases administered by the Title IV-D agency, the court shall order the noncustodial parent to inform the Title IV-D agency and the court of the following:
(1) The name and address of the noncustodial parent's current employer.
(2) Access to health insurance.
(3) Specific health insurance policy information.
(4) The noncustodial parent's Social Security number.
[Pre-1997 Recodification Citation: 31-1-11.5-13(e).]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 9. Method of Payment of Support › 31-16-9-6. Accounting of Future Expenditures

Sec. 6. At the time of entering an order for support or at any subsequent time, the court may order, upon a proper showing of necessity, the spouse or other person receiving support payments to provide an accounting to the court of future expenditures upon such terms and conditions as the court decrees.
[Pre-1997 Recodification Citation: 31-1-11.5-13(f).]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 10. Child Support Payments to Third Parties › 31-16-10-1. Payments of Child Support to Third Persons

Sec. 1. Upon entering an order under IC 31-16-6-1 or at any subsequent time, the court may order, upon the proper showing that a person other than the person awarded custody under IC 31-17-2-8 (or IC 31-1-11.5-21 before its repeal) should receive payments, that the clerk of the circuit court or the person obligated to make the payments transmit those payments to any third person agreed upon by the parties and approved by the court or appointed by the court, including the following:
(1) A trustee.
(2) The guardian of the estate of the child.
(3) Any third person.
(4) The department or any appropriate social service agency.
(5) The state agency administering Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).
(6) The township trustee.
[Pre-1997 Recodification Citation: 31-1-11.5-14(a) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.139-2000, SEC.3; P.L.128-2012, SEC.37.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 10. Child Support Payments to Third Parties › 31-16-10-2. Forwarding of Payments to Title Iv-D Agency

Sec. 2. (a) If the clerk of the court or the state central collection unit is notified by the Title IV-D agency or the agency's designee that:
(1) the child who is the beneficiary of a support order is receiving assistance under the:
(A) federal Temporary Assistance for Needy Families (TANF) program (45 CFR 260 et seq.); or
(B) Title IV-E assistance program (42 U.S.C. 670 et seq.);
(2) an assignment of support rights in favor of the state is in effect against the person obligated to make child support payments; and
(3) the Title IV-D agency has sent notice to the child support obligor and obligee;
the clerk of the court or the state central collection unit shall forward the child support payments directly to the Title IV-D agency without further order of the court.
(b) The Title IV-D agency shall disburse the payments in accordance with federal regulations governing the Title IV-D program.
[Pre-1997 Recodification Citation: 31-1-11.5-14(a) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.148-2006, SEC.16; P.L.1-2007, SEC.193; P.L.1-2009, SEC.159; P.L.128-2012, SEC.38.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 10. Child Support Payments to Third Parties › 31-16-10-3. Use of Child Support Exclusively for Child's Benefit; Title Iv-D Disbursements and Fees

Sec. 3. (a) Any person or agency named in section 1 or 2 of this chapter is entitled to receive the child support payments from the clerk of the circuit court or the person obligated to make the payments. The payments shall be used solely for the benefit of the child entitled to receive the payments.
(b) If the payment has been assigned to the state agency administering Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669), the payments shall be disbursed in accordance with federal regulations governing the Title IV-D program. The court may allow the agency to receive a reasonable fee for services provided under this chapter. The agency shall make financial reports in connection with such services at the time and in the manner that is prescribed by the court or required by law.
[Pre-1997 Recodification Citation: 31-1-11.5-14(b).]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 11. Costs and Attorney's Fees › 31-16-11-1. Costs of Proceeding and Attorney's Fees

Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for:
(1) the cost to the other party of maintaining or defending any proceeding under this chapter, IC 31-16-2 through IC 31-16-10, or IC 31-16-12;
(2) attorney's fees; and
(3) mediation services;
including amounts for legal services provided and costs incurred before the commencement of the proceedings or after entry of judgment.
(b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.
[Pre-1997 Recodification Citation: 31-1-11.5-16(a) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.199-1997, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 11. Costs and Attorney's Fees › 31-16-11-2. Exemption for Title Iv-D Agencies

Sec. 2. Neither costs or attorney's fees may be taxed against an agency, or the agency's agents, that is authorized to maintain proceedings under this chapter, IC 31-16-2 through IC 31-16-10, or IC 31-16-12 by Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17.
[Pre-1997 Recodification Citation: 31-1-11.5-16(b) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.233.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-1. Enforcement Remedies

Sec. 1. Notwithstanding any other law, all orders and awards contained in a child support decree or an order directing a person to pay a child support arrearage may be enforced by:
(1) contempt, including the provisions under section 6 of this chapter;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court order;
except as otherwise provided by IC 31-16-2 through IC 31-16-11 or this chapter.
[Pre-1997 Recodification Citation: 31-1-11.5-17(c) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.11; P.L.123-2001, SEC.2; P.L.39-2002, SEC.1; P.L.148-2006, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-2. Delinquent Child Support Payments; Interest Charges

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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-3. Arrearages; Court Orders

Sec. 3. (a) The obligation of a person to pay child support arrearages does not terminate when the person's duty to support a child ceases under IC 31-16-6-6 (or IC 31-1-11.5-12(e) before its repeal). The statutes applicable to the collection of child support obligations are applicable to the collection of child support arrearages described in this section.
(b) The court, upon request of a person or an agency entitled to receive child support payments, may issue an order that contains any of the following:
(1) A determination of the amount of child support arrearage due to a person or an agency entitled to receive child support payments.
(2) An order directing a person to pay the child support arrearage.
(3) The schedule and other terms on which a person is to pay a child support arrearage.
(4) Any other provision that the court determines to be appropriate.
An order issued under this subsection is enforceable to the same extent as an order or award in a child support decree.
[Pre-1997 Recodification Citation: 31-1-11.5-12(h).]
As added by P.L.1-1997, SEC.8. Amended by P.L.39-2002, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-4. Enforcement of Judgment; Income Withholding Order

Sec. 4. Upon application to the court for enforcement of an order for support, the court may:
(1) enforce a judgment created under IC 31-16-16-2 (or IC 31-2-11-8 before its repeal) against the person obligated to pay support;
(2) issue an income withholding order as provided in IC 31-16-15-0.5; or
(3) implement an income withholding order as provided in IC 31-16-15-2.
[Pre-1997 Recodification Citation: 31-1-11.5-13(g).]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-5. Additional Remedies

Sec. 5. The enforcement remedies provided under this chapter are in addition to other remedies available for collecting delinquent support.
[Pre-1997 Recodification Citation: 31-1-11.5-13(h).]
As added by P.L.1-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-6. Contempt

Sec. 6. (a) If the court finds that a party is delinquent as a result of an intentional violation of an order for support, the court may find the party in contempt of court. If an action or request to enforce payment of a child support arrearage is commenced not later than ten (10) years after:
(1) the child becomes eighteen (18) years of age; or
(2) the emancipation of the child;
whichever occurs first, the court may, upon a request by the person or agency entitled to receive child support arrearages, find a party in contempt of court.
(b) The court may order a party who is found in contempt of court under this section to:
(1) perform community restitution or service without compensation in a manner specified by the court; or
(2) seek employment.
(c) The court may order a party who is alleged to be in contempt of court under this section to show cause as to why the party should not be held in contempt for violating an order for support. The order to show cause must set forth:
(1) the contempt allegations;
(2) the failure to pay child support allegations;
(3) when the court issued the order for support;
(4) the party's history of child support payments;
(5) the specific:
(A) date and time when; and
(B) place where;
the party is required to show cause in the court; and
(6) the party's arrearage.
[Pre-1997 Recodification Citation: 31-1-11.5-13(i).]
As added by P.L.1-1997, SEC.8. Amended by P.L.32-2000, SEC.18; P.L.123-2001, SEC.3; P.L.86-2002, SEC.11; P.L.131-2009, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-7. Suspension of Delinquent Person's Driving Privileges

Sec. 7. If a court finds that a person is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, the court shall issue an order to the bureau of motor vehicles:
(1) stating that the person is delinquent; and
(2) ordering the following:
(A) If the person who is the subject of the order holds a driving license or permit on the date of issuance of the order, that the driving privileges of the person be suspended until further order of the court.
(B) If the person who is the subject of the order does not hold a driving license or permit on the date of issuance of the order, that the bureau may not issue a driving license or permit to the person until the bureau receives a further order of the court.
[Pre-1997 Recodification Citation: 31-1-11.5-13(j).]
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.234.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-8. Suspension or Denial of Delinquent Person's Professional License

Sec. 8. If a court finds that a person who is an applicant (as defined in IC 25-1-1.2-1), a practitioner (as defined in IC 25-1-1.2-6), an attorney, or a licensed teacher is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, the court shall issue an order to the board regulating the practice of the person's profession or occupation:
(1) requiring that the person's or practitioner's license be suspended until further order of the court; or
(2) ordering the board not to issue a license to the person who is the subject of the order if the person does not currently hold a license.
[Pre-1997 Recodification Citation: 31-1-11.5-13(k).]
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.235.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-9. Suspension of Delinquent Person's Horse Racing Commission or Gaming Commission License

Sec. 9. If a court finds that a person who holds a license issued under IC 4-31-6, IC 4-33, or IC 4-35 is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for child support, the court shall issue an order to:
(1) the Indiana horse racing commission if the person holds a license issued under IC 4-31-6; or
(2) the Indiana gaming commission if the person holds a license issued under IC 4-33 or IC 4-35;
requiring that the person's license be suspended until further order of the court.
[Pre-1997 Recodification Citation: 31-1-11.5-13(l).]
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.236; P.L.80-2010, SEC.34.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-10. Suspension, Denial, or Nonrenewal of Delinquent Person's Insurance, Recovery, or Bail Agent's License

Sec. 10. If a court finds that a person who holds a license or who is an applicant for a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for child support, the court shall issue an order to the commissioner of the department of insurance:
(1) requiring that the person's license be suspended until further order of the court;
(2) ordering the commissioner not to issue a license to the person who is the subject of the order if the person does not currently hold a license; or
(3) ordering the commissioner not to renew the license of a person who is the subject of the order.
[Pre-1997 Recodification Citation: 31-1-11.5-13(m).]
As added by P.L.1-1997, SEC.8. Amended by P.L.132-2001, SEC.23; P.L.145-2006, SEC.237.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-10.5. Title Iv-D Agency Required to Provide Information

Sec. 10.5. The Title IV-D agency shall provide the full name, date of birth, verified address, and Social Security number or driver's license number of the person who is the subject of an order under:
(1) section 7 of this chapter to the bureau of motor vehicles;
(2) section 8 of this chapter to the board regulating the person's profession or occupation;
(3) section 9 of this chapter to the Indiana horse racing commission or the Indiana gaming commission; and
(4) section 10 of this chapter to the commissioner of the department of insurance.
As added by P.L.207-2013, SEC.49.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-11. Payment of Arrearage; Stay of Order to Licensing Authority

Sec. 11. Notwithstanding section 7, 8, 9, or 10 of this chapter, the court may stay the issuance of an order under section 7, 8, 9, or 10 of this chapter (or IC 31-1-11.5-13(j), IC 31-1-11.5-13(k), IC 31-1-11.5-13(l), or IC 31-1-11.5-13(m) before the repeal of IC 31-1-11.5-13) if:
(1) the person pays the child support arrearage in full; or
(2) an income withholding order under IC 31-16-15 (or IC 31-2-10 before its repeal) is implemented and a payment plan to pay the arrearage is established.
[Pre-1997 Recodification Citation: 31-1-11.5-13(n).]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.21.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-12. Registration of Child Support Order

Sec. 12. (a) This section applies if:
(1) the parent who is entitled to receive child support; and
(2) the parent who is ordered to pay child support;
are both present in Indiana.
(b) The parent who is entitled to receive child support may register a child support order issued by another Indiana court or foreign court for the sole purpose of enforcement in accordance with IC 31-18.5-6-1 through IC 31-18.5-6-8 of the Uniform Interstate Family Support Act.
[Pre-1997 Recodification Citation: 31-1-11.5-13.5.]
As added by P.L.1-1997, SEC.8. Amended by P.L.206-2015, SEC.49.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-13. Suspension, Denial, or Nonrenewal of Delinquent Person's Employee's Permit

Sec. 13. If a court finds that a person who holds or has applied for an employee's permit issued under IC 7.1-3-18-9(a)(3) is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for child support, the court shall issue an order to the alcohol and tobacco commission that:
(1) requires the person's employee's permit be suspended until further order of the court;
(2) orders the chairman of the alcohol and tobacco commission not to issue an employee's permit to the person who is the subject of the order if the person does not currently hold an employee's permit; or
(3) orders the chairman of the alcohol and tobacco commission not to renew the employee's permit of the person who is the subject of the order.
As added by P.L.80-2010, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12. Enforcement of Child Support Orders › 31-16-12-14. Due Process Met for Notice and Service of Process; Service in Contempt Proceedings

Sec. 14. (a) Except as otherwise provided in subsection (b), in any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of the party by a prosecuting attorney, private attorney, or private entity operating under an agreement or contract described in IC 31-25-4-13.1, the court or administrative agency with jurisdiction shall deem state due process requirements for notice and service of process to be met with respect to the party required to provide notice, upon mailing of written notice to the other party at the most recent residential or employer address that is filed with the clerk or state central collection unit.
(b) IC 34-47-4 applies to service of an order directing an obligor to appear in a contempt proceeding.
As added by P.L.80-2010, SEC.36.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 12.5. Seizure of State Income Tax Refunds for Delinquent Child Support › 31-16-12.5-1. Exception

Sec. 1. This chapter does not apply to a support order entered in a Title IV-D case.
As added by P.L.27-2004, SEC.4.