reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 3. Actions for Legal Separation › 31-15-3-9. Decree; Term; Findings

Sec. 9. In an action for legal separation under section 2 of this chapter, the court may grant a decree for a separation of the parties to the marriage for a period not to exceed one (1) year if the court finds that:
(1) conditions in or circumstances of the marriage make it currently intolerable for both parties to live together;
(2) the marriage should be maintained; and
(3) neither party has filed a petition or counter petition for dissolution of marriage under IC 31-15-2 (or IC 31-1-11.5 before its repeal).
[Pre-1997 Recodification Citations: 31-1-11.5-8(c), 31-1-11.5-9(d) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 3. Actions for Legal Separation › 31-15-3-10. Scope of Decree

Sec. 10. A decree under this chapter may include orders as provided in this article.
[Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 3. Actions for Legal Separation › 31-15-3-11. Maintenance

Sec. 11. A decree under this chapter may not include a maintenance provision that extends beyond the period of legal separation.
[Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-1. Motions

Sec. 1. (a) In an action for dissolution of marriage under IC 31-15-2 or legal separation under IC 31-15-3, either party may file a motion for any of the following:
(1) Temporary maintenance.
(2) Temporary support or custody of a child of the marriage entitled to support.
(3) Possession of property.
(4) Counseling.
(5) A protective order under IC 34-26-5.
(b) If a party desires a protective order under subsection (a)(5), the party must file a petition under IC 34-26-5 in the court in which the case is pending, and the court may not require the moving party to give security. If the petitioner requests an ex parte protective order, the court shall immediately:
(1) review the request; and
(2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under this subsection are controlled by IC 34-26-5.
[Pre-1997 Recodification Citation: 31-1-11.5-7(a) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.27; P.L.221-2003, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-2. Supporting Affidavit

Sec. 2. Except for a protective order under section 1 of this chapter, the motion must be accompanied by an affidavit setting forth the following:
(1) The factual basis for the motion.
(2) The amounts requested or other relief sought.
[Pre-1997 Recodification Citation: 31-1-11.5-7(a) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.28.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-3. Motion for Temporary Restraining Order

Sec. 3. As a part of a motion for temporary maintenance, for support or custody of a child, or for possession of property under section 1 of this chapter or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order:
(1) restraining any person from transferring, encumbering, concealing, or in any way disposing of any property, except in the usual course of business or for the necessities of life; or
(2) granting temporary possession of property to either party.
[Pre-1997 Recodification Citation: 31-1-11.5-7(b) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-4. Hearing of Motions

Sec. 4. The motion for temporary maintenance, support or custody of a child, or possession of property under section 1 of this chapter shall be set for hearing by the court.
[Pre-1997 Recodification Citation: 31-1-11.5-7(c) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-5. Preliminary Hearing of Petition for Temporary Support or Custody of Child

Sec. 5. The court shall immediately schedule a preliminary hearing upon the filing of a petition for:
(1) temporary child support; or
(2) temporary custody of a child entitled to support.
[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-6. Determination

Sec. 6. The court shall determine:
(1) after the hearing; and
(2) not later than twenty-one (21) days after the petition is filed;
whether to grant or deny the petition.
[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-7. Temporary Restraining Order

Sec. 7. The court may issue a temporary restraining order if the court finds on the basis of the moving party's affidavit that injury would result to the moving party if an immediate order were not issued.
[Pre-1997 Recodification Citation: 31-1-11.5-7(b) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-8. Temporary Orders

Sec. 8. (a) The court may issue an order for temporary maintenance or support in such amounts and on such terms that are just and proper. However, the court shall require that the support payments be made through the clerk of the circuit court as trustee for remittance to the person entitled to receive benefits, unless the court has reasonable grounds for providing or approving another method of payment.
(b) The court may issue:
(1) a temporary restraining order;
(2) a custody order; or
(3) an order for possession of property;
to the extent the court considers proper.
[Pre-1997 Recodification Citation: 31-1-11.5-7(d) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-9. Counseling

Sec. 9. The court may require the parties to seek counseling for themselves or for a child of the parties under such terms and conditions that the court considers appropriate if:
(1) either party makes a motion for counseling in an effort to improve conditions of their marriage;
(2) a party, the child of the parties, the child's guardian ad litem or court appointed special advocate, or the court makes a motion for counseling for the child; or
(3) the court makes a motion for counseling for parties who are the parents of a child less than eighteen (18) years of age.
[Pre-1997 Recodification Citation: 31-1-11.5-7(f) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-10. Joint Counseling

Sec. 10. The court may not require joint counseling of the parties under section 9 of this chapter:
(1) without the consent of both parties; or
(2) if there is evidence that the other party has demonstrated a pattern of domestic or family violence against a family or household member.
[Pre-1997 Recodification Citation: 31-1-11.5-7(f) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.30.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-11. Change of Venue or Change From Judge; Effect on Jurisdiction

Sec. 11. The filing by either party of a motion for change of venue or change from the judge during the period before the court makes a determination under section 6 of this chapter does not divest the court of jurisdiction to:
(1) hear evidence upon the petition;
(2) set an amount of temporary child support;
(3) determine temporary custody; or
(4) order appropriate parenting time.
[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.27.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-12. Change of Venue or Change From Judge; Effect on Provisional Orders

Sec. 12. If the court grants a change of venue or change from the judge after the preliminary order of support, custody, or parenting time is issued, either party may:
(1) file a petition for a subsequent preliminary hearing on the issue of temporary child support, temporary custody, or parenting time;
(2) seek relief from the original order; and
(3) request that the court conduct a hearing relating to any other temporary order available under this article.
[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.28.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-13. Provisional Order; Rights Not Prejudiced

Sec. 13. The issuance of a provisional order is without prejudice to the rights of the parties or the child as adjudicated at the final hearing in the proceeding.
[Pre-1997 Recodification Citation: 31-1-11.5-7(g) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-14. Provisional Order; Termination

Sec. 14. A provisional order terminates when:
(1) the final decree is entered subject to right of appeal; or
(2) the petition for dissolution or legal separation is dismissed.
[Pre-1997 Recodification Citation: 31-1-11.5-7(g) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-15. Provisional Order; Revocation or Modification

Sec. 15. The terms of a provisional order may be revoked or modified before the final decree on a showing of the facts appropriate to revocation or modification.
[Pre-1997 Recodification Citation: 31-1-11.5-7(g) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions › 31-15-4-16. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-7(h) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-1. Protective Order; Procedure

Sec. 1. Either party may request a protective order to prevent domestic or family violence at any time during the dissolution of marriage or legal separation action by filing a petition under IC 34-26-5 in the court in which the case is pending. The court may not require the moving party to give security. If the petitioner requests an ex parte protective order, the court shall immediately:
(1) review the request; and
(2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under this section are controlled by IC 34-26-5.
[Pre-1997 Recodification Citation: 31-1-11.5-8.2(a) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.6; P.L.133-2002, SEC.31; P.L.221-2003, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-2. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(b) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-3. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(c) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-4. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(d) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-5. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(f) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-6. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(f) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-7. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(a) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-8. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(g) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-9. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(e) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-10. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(h) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 5. Protective Orders in Dissolution and Legal Separation Actions › 31-15-5-11. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.3 part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-1. Appointment

Sec. 1. A court in a proceeding under this article may appoint:
(1) a guardian ad litem;
(2) a court appointed special advocate; or
(3) both;
for a child at any time.
[Pre-1997 Recodification Citation: 31-1-11.5-28(c) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-2. Persons Ineligible for Appointment

Sec. 2. A court may not appoint a party to the proceedings, the party's employee, or the party's representative as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child who is involved in the proceedings.
[Pre-1997 Recodification Citation: 31-1-11.5-28(h) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-3. Protection of Best Interests of the Child

Sec. 3. A guardian ad litem or court appointed special advocate shall represent and protect the best interests of the child.
[Pre-1997 Recodification Citation: 31-1-11.5-28(d) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-4. Term of Appointment

Sec. 4. A guardian ad litem or court appointed special advocate serves until the court enters an order for removal.
[Pre-1997 Recodification Citation: 31-1-11.5-28(d) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-5. Officers of the Court

Sec. 5. The guardian ad litem or the court appointed special advocate, or both, are considered officers of the court for the purpose of representing the child's interests.
[Pre-1997 Recodification Citation: 31-1-11.5-28(f) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-6. Representation by Attorney

Sec. 6. The guardian ad litem or the court appointed special advocate may be represented by an attorney. If necessary to protect the child's interests, the court may appoint an attorney to represent the guardian ad litem or the court appointed special advocate.
[Pre-1997 Recodification Citation: 31-1-11.5-28(e) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-7. Subpoena Powers; Presentation of Evidence

Sec. 7. A guardian ad litem or court appointed special advocate appointed by a court under this chapter (or IC 31-1-11.5-28 before its repeal) may subpoena witnesses and present evidence regarding:
(1) the supervision of the action; or
(2) any investigation and report that the court requires of the guardian ad litem or court appointed special advocate.
[Pre-1997 Recodification Citation: 31-1-11.5-28(j) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-8. Continuing Supervision

Sec. 8. The court may order a guardian ad litem or court appointed special advocate appointed by a court under this chapter (or IC 31-1-11.5-28 before its repeal) to exercise continuing supervision over the child to assure that the custodial or parenting time terms of an order entered by the court under this article (or IC 31-1-11.5 before its repeal) are carried out as required by the court.
[Pre-1997 Recodification Citation: 31-1-11.5-28(i) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-9. Civil Immunity

Sec. 9. Except for gross misconduct:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court appointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointed special advocate program;
who performs duties in good faith is immune from any civil liability that may occur as a result of that person's performance.
[Pre-1997 Recodification Citation: 31-1-11.5-28(g) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-10. User Fee; Order for Payment

Sec. 10. The court may order either or both parents of a child for whom a guardian ad litem or court appointed special advocate is appointed under this chapter (or IC 31-1-11.5-28 before its repeal) to pay a user fee for the services provided under this chapter.
[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-11. User Fee; Collection Procedures

Sec. 11. The court shall establish one (1) of the following procedures to be used to collect the user fee:
(1) The court may order the clerk of the court to collect the user fee and deposit the user fee into the county's guardian ad litem fund or court appointed special advocate fund. The fiscal body of the county shall appropriate money collected as user fees under this chapter to the court having jurisdiction over custody actions for the court's use in providing guardian ad litem or court appointed special advocate services, including the costs of representation.
(2) The court may order either or both parents to pay the user fee to the:
(A) guardian ad litem program that provided the services; or
(B) court appointed special advocate program that provided the services.
(3) The court may order either or both parents to pay the user fee to the individual or attorney guardian ad litem that provided the services.
[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-12. Funds

Sec. 12. Money remaining in a county's:
(1) guardian ad litem fund; or
(2) court appointed special advocate fund;
at the end of the county's fiscal year does not revert to any other fund.
[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions › 31-15-6-13. User Fee; Report of Receipt of Payment

Sec. 13. If the court orders either or both parents to pay the user fee according to section 11(2) or 11(3) of this chapter, the program or the individual or attorney guardian ad litem shall report to the court the receipt of payment not later than thirty (30) days after receiving the payment.
[Pre-1997 Recodification Citation: 31-1-11.5-28(l).]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The rebuttable presumption established under IC 31-1-11.5-11(c) (before its repeal, now codified at section 5 of this chapter), as amended by P.L.283-1987, does not apply to the division of marital property in actions for marriage dissolution filed before September 1, 1987.
As added by P.L.220-2011, SEC.498.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-0.3. General Assembly Declarations

Sec. 0.3. The general assembly:
(1) recognizes that reform of certain elements concerning the manner in which property of spouses is transferred upon the death of a spouse, when there is no will, has become necessary;
(2) recognizes inconsistencies in the manner in which the property of spouses is divided at marriage dissolution have become apparent;
(3) sees the need for spouses to be able to enter into a legal agreement during their lifetime, concerning which of their property shall be considered individually owned and which of their property shall be considered jointly owned; and
(4) agrees to enact the Property and Inheritance Rights of Spouses Act (amendments made to IC 29-1-2-1, IC 29-1-2-13, IC 29-1-3-6, and IC 31-1-11.5-11, before its repeal, now codified at IC 31-15-7-2 and IC 31-15-7-5).
As added by P.L.220-2011, SEC.499.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-1. Order for Maintenance

Sec. 1. The court may order maintenance in:
(1) final dissolution of marriage decrees entered under IC 31-15-2-16; and
(2) legal separation decrees entered under IC 31-15-3-9;
after making the findings required by section 2 of this chapter.
[Pre-1997 Recodification Citation: 31-1-11.5-9(c) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-2. Findings Concerning Maintenance

Sec. 2. A court may make the following findings concerning maintenance:
(1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and
(B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment;
the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of marriage and at the time the action is commenced;
(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.
[Pre-1997 Recodification Citation: 31-1-11.5-11(e) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-3. Modification or Revocation of Order for Maintenance

Sec. 3. Provisions of an order with respect to maintenance ordered under section 1 of this chapter (or IC 31-1-11.5-9(c) before its repeal) may be modified or revoked. Except as provided in IC 31-16-8-2, 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.
[Pre-1997 Recodification Citation: 31-1-11.5-17(a) part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-4. Division of Property

Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:
(1) owned by either spouse before the marriage;
(2) acquired by either spouse in his or her own right:
(A) after the marriage; and
(B) before final separation of the parties; or
(3) acquired by their joint efforts.
(b) The court shall divide the property in a just and reasonable manner by:
(1) division of the property in kind;
(2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;
(3) ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.
[Pre-1997 Recodification Citation: 31-1-11.5-11(b).]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-5. Presumption for Equal Division of Marital Property; Rebuttal

Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
(2) The extent to which the property was acquired by each spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
(5) The earnings or earning ability of the parties as related to:
(A) a final division of property; and
(B) a final determination of the property rights of the parties.
[Pre-1997 Recodification Citation: 31-1-11.5-11(c).]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-6. Monetary Judgment to Spouse for Expenses of Postsecondary Education

Sec. 6. If the court finds there is little or no marital property, the court may award either spouse a money judgment not limited to the property existing at the time of final separation. However, this award may be made only for the financial contribution of one (1) spouse toward tuition, books, and laboratory fees for the postsecondary education of the other spouse.
[Pre-1997 Recodification Citation: 31-1-11.5-11(d).]
As added by P.L.1-1997, SEC.7. Amended by P.L.2-2007, SEC.359.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-7. Tax Consequences of Property Division

Sec. 7. The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party.
[Pre-1997 Recodification Citation: 31-1-11.5-11.1.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-8. Security, Bond, or Other Guarantee of Division of Property

Sec. 8. Upon entering an order under this chapter, the court may provide for the security, bond, or other guarantee that is satisfactory to the court to secure the division of property.
[Pre-1997 Recodification Citation: 31-1-11.5-15 part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-9. Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-17(b) part.]
As added by P.L.1-1997, SEC.7. Repealed by P.L.197-1997, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-9.1. Revocation or Modification of Property Disposition Orders; Fraud

Sec. 9.1. (a) The orders concerning property disposition entered under this chapter (or IC 31-1-11.5-9 before its repeal) may not be revoked or modified, except in case of fraud.
(b) If fraud is alleged, the fraud must be asserted not later than six (6) years after the order is entered.
As added by P.L.2-1998, SEC.75.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 7. Disposition of Property and Maintenance › 31-15-7-10. Enforcement

Sec. 10. Notwithstanding any other law, all orders and awards contained in a dissolution of marriage decree or legal separation decree may be enforced by:
(1) contempt;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court order;
except as otherwise provided by this article.
[Pre-1997 Recodification Citation: 31-1-11.5-17(c) part.]
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.9; P.L.148-2006, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 8. Support of Children and Other Dependents › 31-15-8-1. Governing Law

Sec. 1. The support of children and other dependents is governed by IC 31-16.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 9. Conciliation › 31-15-9-1. Authorized Referrals

Sec. 1. Conciliation procedures may include referrals to any of the following:
(1) The family relations division of the court, if established.
(2) Public or private marriage counselors.
(3) Family service agencies.
(4) Community mental health centers.
(5) Licensed psychologists.
(6) Physicians.
(7) Attorneys.
(8) Clergy.
(9) Mediators.
[Pre-1997 Recodification Citation: 31-1-11.5-19 part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 9. Conciliation › 31-15-9-2. Costs

Sec. 2. (a) Except as provided in subsection (b), the parties shall pay the costs of conciliation procedures that the court orders.
(b) If the court determines that the parties will be unable to pay the costs without prejudicing their financial ability to provide themselves and any minor children with economic necessities, the costs shall be paid from the budget of the court.
[Pre-1997 Recodification Citation: 31-1-11.5-19 part.]
As added by P.L.1-1997, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 9.4. Mediation › 31-15-9.4-1. 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.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 9.4. Mediation › 31-15-9.4-2. 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.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 10. Costs and Attorney's Fees › 31-15-10-1. Costs and Attorney's Fees; Order for Direct Payment to Attorney

Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this article and for attorney's fees and 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.7. Amended by P.L.199-1997, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 15. Family Law: Dissolution of Marriage and Legal Separation › Chapter 10. Costs and Attorney's Fees › 31-15-10-2. Exemption for Agencies

Sec. 2. Neither costs or attorney fees may be taxed against an agency, or the agency's agents, that is authorized to maintain proceedings under this article 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.7. Amended by P.L.145-2006, SEC.231.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 1. General Provisions › 31-16-1-1. Construction and Application of Ic 31-16-1 Through Ic 31-16-12

Sec. 1. This chapter and IC 31-16-2 through IC 31-16-12 shall be construed and applied to promote the purpose and policy of this chapter and IC 31-16-2 through IC 31-16-12.
[Pre-1997 Recodification Citation: 31-1-11.5-1(a) 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 1. General Provisions › 31-16-1-2. Purposes and Policies of Ic 31-16-1 Through Ic 31-16-12

Sec. 2. The purpose and policy of this chapter and IC 31-16-2 through IC 31-16-12 are to provide for child support.
[Pre-1997 Recodification Citation: 31-1-11.5-1(b) 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 2. Actions for Child Support › 31-16-2-1. Applicability of Indiana Rules of Civil Procedure

Sec. 1. Proceedings under this chapter and IC 31-16-3.5 through IC 31-16-12 must comply with the Indiana Rules of Civil Procedure.
[Pre-1997 Recodification Citation: 31-1-11.5-4(e) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.117.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 2. Actions for Child Support › 31-16-2-2. Cause of Action Established

Sec. 2. A cause of action for child support is established.
[Pre-1997 Recodification Citation: 31-1-11.5-3(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 2. Actions for Child Support › 31-16-2-3. Caption; Standing

Sec. 3. A proceeding for child support must be commenced by the filing of a petition entitled, "In Re the support of __________". The petition may be filed by any person entitled to receive child support payments.
[Pre-1997 Recodification Citation: 31-1-11.5-4(b) 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 2. Actions for Child Support › 31-16-2-4. Verified Petition; Averments

Sec. 4. A petition for child support:
(1) must be verified; and
(2) must set forth the following:
(A) The relationship of the parties.
(B) The present residence of each party.
(C) The names and addresses of:
(i) each living child less than nineteen (19) years of age; and
(ii) each incapacitated child;
of the marriage.
(D) The relief sought.
[Pre-1997 Recodification Citation: 31-1-11.5-4(b) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.206-2015, SEC.48.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 2. Actions for Child Support › 31-16-2-5. Service of Petition and Summons

Sec. 5. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the person alleged to be responsible for child support in the same manner as service of summons in civil actions generally.
[Pre-1997 Recodification Citation: 31-1-11.5-5 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 2. Actions for Child Support › 31-16-2-6. Residence

Sec. 6. In an action for child support under section 2 of this chapter, one (1) of the parties must reside in the county at the time of the filing of the action.
[Pre-1997 Recodification Citation: 31-1-11.5-6(c).]
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 2. Actions for Child Support › 31-16-2-7. Responsive Pleading or Counter Petition

Sec. 7. A responsive pleading or a counter petition may be filed under this chapter or IC 31-16-3.5 through IC 31-16-12.
[Pre-1997 Recodification Citation: 31-1-11.5-4(d) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.118.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 2. Actions for Child Support › 31-16-2-8. Decree; Findings; Scope

Sec. 8. (a) The court shall enter a decree in an action under section 2 of this chapter when the court finds:
(1) that there is a duty to support by the person alleged to have the duty;
(2) that the duty to support has not been fulfilled; and
(3) that an order should be entered under IC 31-16-6-1.
(b) The decree may include orders as provided for in IC 31-16-3.5 through IC 31-16-12.
[Pre-1997 Recodification Citations: 31-1-11.5-8(b); 31-1-11.5-9(b).]
As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.119.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 3. Repealed

[Pre-1997 Recodification Citations:
31-16-3-1formerly 31-1-11.5-28(c) part31-16-3-2formerly 31-1-11.5-28(d) part31-16-3-3formerly 31-1-11.5-28(d) part31-16-3-4formerly 31-1-11.5-28(e) part31-16-3-5formerly 31-1-11.5-28(f) part31-16-3-6formerly 31-1-11.5-28(g) part31-16-3-7formerly 31-1-11.5-28(h) part31-16-3-8formerly 31-1-11.5-28(i) part31-16-3-9formerly 31-1-11.5-28(j) part31-16-3-10formerly 31-1-11.5-28(k) part, (l) 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 3.5. Security to Secure Child Support › 31-16-3.5-1. Bonds; Requirements

Sec. 1. A bond required under this article to secure the obligation of child support must:
(1) be in writing; and
(2) be secured by:
(A) at least one (1) resident freehold surety; or
(B) a commercial insurance company.
As added by P.L.171-2001, SEC.8.
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 › 31-16-3.5-3. Forfeiture; Use of Proceeds

Sec. 3. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article may only be used to:
(1) reimburse the nonviolating party for actual costs or damages incurred in upholding the court's order;
(2) locate and return the child to the residence as set forth in the court's order, if the security, bond, or guarantee covers custody or parenting time, or both; or
(3) reimburse reasonable fees and court costs to the court appointed trustee.
As added by P.L.171-2001, SEC.8. Amended by P.L.68-2005, SEC.31.