2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 15. Child Support Income Withholding Orders › 31-16-15-2.5. Income Withholding Order Issued by Title Iv-D Agency; Implementation

Sec. 2.5. (a) If, in a Title IV-D case, an income withholding order has not been issued with a support order under section 0.5 of this chapter, a Title IV-D agency shall:
(1) issue an income withholding order as required under IC 31-25-4-17 unless the court has stayed the implementation of the income withholding order under section 0.5(c) of this chapter; and
(2) provide notice under section 3.5 of this chapter to the obligor.
(b) In a Title IV-D case in which the implementation of an income withholding order was stayed under section 0.5(c) of this chapter, the Title IV-D agency shall:
(1) provide notice under section 3.5 of this chapter and lift the stay by issuing an income withholding order if the obligor's child support and arrearage payments are delinquent; or
(2) lift the stay by issuing an income withholding order if the obligor requests implementation of the income withholding order.
(c) In a Title IV-D case, if:
(1) an income withholding order was stayed under section 0.5(c) of this chapter; and
(2) an obligor requests the implementation of the income withholding order;
the Title IV-D agency is not required to give notice under section 3.5 of this chapter when implementing the income withholding order.
(d) An income withholding order issued under subsection (a) or (b):
(1) has the same force and effect; and
(2) is enforceable in the same manner;
as an income withholding order issued by a court.
(e) The total amount required to be withheld under an income withholding order implemented under this section is the sum of:
(1) the obligor's current child support obligation; plus
(2) the amount of arrearage payment ordered by the court; plus
(3) an additional amount as determined under subsection (f) for:
(A) any arrearage that has not been adjudicated, if no arrearage has been adjudicated previously; or
(B) any additional arrearage that:
(i) has not been adjudicated; and
(ii) accrues since the last adjudication of arrearage by the court.
(f) If an obligor subject to an income withholding order is in arrears, unless otherwise ordered by a court, the Title IV-D agency or its agent may increase the weekly amount withheld as follows:
(1) If the arrearages are at least ten dollars ($10) and less than five hundred dollars ($500), an additional amount of up to ten dollars ($10).
(2) If the arrearages are at least five hundred dollars ($500) and less than three thousand dollars ($3,000), an additional amount of up to twenty dollars ($20).
(3) If the arrearages are at least three thousand dollars ($3,000) and less than five thousand dollars ($5,000), an additional amount of up to twenty-five dollars ($25).
(4) If the arrearages are at least five thousand dollars ($5,000) and less than ten thousand dollars ($10,000), an additional amount of up to thirty dollars ($30).
(5) If the arrearages are at least ten thousand dollars ($10,000) and less than fifteen thousand dollars ($15,000), an additional amount of up to thirty-five dollars ($35).
(6) If the arrearages are at least fifteen thousand dollars ($15,000) and less than twenty thousand dollars ($20,000), an additional amount of up to forty dollars ($40).
(7) If the arrearages are at least twenty thousand dollars ($20,000) and less than twenty-five thousand dollars ($25,000), an additional amount of up to forty-five dollars ($45).
(8) If the arrearages are at least twenty-five thousand dollars ($25,000), an additional amount of up to fifty dollars ($50).
(g) A court is not bound by and is not required to consider the additional amounts described in subsection (f) when ordering, modifying, or enforcing periodic payments of child support.
As added by P.L.103-2007, SEC.25. Amended by P.L.123-2014, SEC.5.