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 14. Actions for Support of Dependents by Dependent Spouse › 31-16-14-4. Hearing; Determination; Order to Pay Money; Judicial Sale or Lease; Receivership

Sec. 4. The court shall hold a hearing on the complaint and make a determination. If the court finds that the allegations in the complaint are true, the court may do any of the following:
(1) Order the defendant spouse to pay an amount that is just, equitable, and in the best interests of the dependent spouse and dependent children.
(2) Order the defendant spouse's real or personal property, or both, to be sold to the highest bidder on terms and upon notice as directed by the court.
(3) Order:
(A) the defendant spouse's real property or a part of the defendant spouse's real property to be leased; and
(B) the proceeds of the lease to be applied to the support of the dependent spouse and dependent children.
(4) Appoint a receiver of the defendant spouse's estate, require the receiver to take an oath and obtain a bond, and order the receiver to:
(A) reduce the estate to possession;
(B) collect the defendant spouse's rights, credits, and choses in action;
(C) manage, sell, mortgage, or lease the defendant spouse's real property; and
(D) sell the defendant spouse's personal property.
(5) Order other parties who are joined in the action under section 1(b) of this chapter to:
(A) pay indebtedness owed to the defendant spouse; or
(B) relinquish possession or control of the defendant spouse's rights, credits, and choses in action or other property;
to provide support for the dependent spouse and dependent children.
[Pre-1997 Recodification Citation: 31-7-11-4.]
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 14. Actions for Support of Dependents by Dependent Spouse › 31-16-14-5. Dependent Spouse's Collection of Other Spouse's Debts; Lease or Mortgage of Other Spouse's Real Property; Disposition of Proceeds

Sec. 5. If the court orders support to be paid under this chapter, the court may, without appointing a receiver, authorize the dependent spouse to:
(1) collect debts owed to the other spouse; and
(2) lease or mortgage any part of the other spouse's real property and apply the proceeds of the mortgage or lease to the support of the dependent spouse and dependent children.
[Pre-1997 Recodification Citation: 31-7-11-5.]
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 14. Actions for Support of Dependents by Dependent Spouse › 31-16-14-6. Action to Modify Order Made Under This Chapter

Sec. 6. An action to modify an order made under this chapter may be initiated by filing a complaint and providing notice in accordance with sections 2 and 3 of this chapter.
[Pre-1997 Recodification Citation: 31-7-11-6.]
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 14. Actions for Support of Dependents by Dependent Spouse › 31-16-14-7. Sales of Real Property

Sec. 7. If real property is sold under this chapter:
(1) the sale must be made by a receiver or commissioner appointed by the court for that purpose;
(2) the sale must be of the entire fee;
(3) the court may confirm the sale;
(4) the court may order deeds;
(5) the court may require the purchaser to:
(A) obtain a mortgage; or
(B) provide security; and
(6) the purchaser's title may not be questioned collaterally if:
(A) the defendant spouse had personal service of process; or
(B) the defendant spouse:
(i) left Indiana or could not be found; and
(ii) received service of process by publication.
[Pre-1997 Recodification Citation: 31-7-11-7.]
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 15. Child Support Income Withholding Orders › 31-16-15-0.3. Application

Sec. 0.3. This chapter applies to child support ordered in any proceeding, including a dissolution of marriage and a paternity action.
As added by P.L.80-2010, SEC.37.
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 › 31-16-15-1. Repealed

[Pre-1997 Recodification Citation: 31-2-10-7(a).]
As added by P.L.1-1997, SEC.8. Amended by P.L.234-2005, SEC.85; P.L.148-2006, SEC.18. Repealed by P.L.103-2007, SEC.51.
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. Lifting Stay of Implementation of Income Withholding Order

Sec. 2. A court shall lift a stay of implementation of an income withholding order granted under section 0.5(c) of this chapter upon occurrence of one (1) or more of the following:
(1) The obligor's support payment becomes delinquent.
(2) The obligor requests implementation of the income withholding order.
[Pre-1997 Recodification Citation: 31-2-10-7(b).]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.24.
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 › 31-16-15-2.6. Income Withholding Order; Payment in Full

Sec. 2.6. An income withholding order issued under this chapter remains in effect until a child support obligation, including current child support, child support arrearage, medical support, interest, and fees, is paid in full.
As added by P.L.103-2007, SEC.26.
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 › 31-16-15-3. Repealed

[Pre-1997 Recodification Citation: 31-2-10-7(c).]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-4. Repealed

[Pre-1997 Recodification Citation: 31-2-10-7.3.]
As added by P.L.1-1997, SEC.8. Amended by P.L.234-2005, SEC.86; P.L.148-2006, SEC.19. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-4.3. Income Withholding Order; Contesting Implementation

Sec. 4.3. (a) An obligor may contest a Title IV-D agency's determination to implement an income withholding order under section 2.5(a) or 2.5(b) of this chapter by making a written application to the Title IV-D agency not more than twenty (20) days after the date the notice is mailed to the obligor.
(b) The only basis on which an obligor may contest the implementation of an income withholding order under section 2.5(a) or 2.5(b) of this chapter is mistake of fact.
(c) A Title IV-D agency or the office of administrative law proceedings shall:
(1) not more than twenty-five (25) days after an obligor makes written application to contest an income withholding order under subsection (a), hold a hearing to review the Title IV-D agency's determination to implement the income withholding order; and
(2) make a determination on the implementation of the income withholding order at the hearing.
As added by P.L.103-2007, SEC.29. Amended by P.L.123-2014, SEC.7; P.L.13-2021, SEC.7.
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 › 31-16-15-4.5. National Medical Support Notice

Sec. 4.5. (a) The bureau shall send notice to an employer, using the National Medical Support Notice described in 45 CFR 303.32, that:
(1) a parent ordered to pay support has been ordered to provide insurance coverage as part of the parent's employee benefit plan under IC 31-16-6-4; or
(2) an obligation to provide insurance coverage under subdivision (1) is no longer in effect.
(b) Upon receipt of the notice under subsection (a), the employer shall:
(1) respond to the notice in a timely fashion;
(2) transfer the National Medical Support Notice to the employer's health insurance plan within twenty (20) days after the date of the National Medical Support Notice; and
(3) abide by the terms of establishing insurance coverage as required by the notice.
As added by P.L.86-2002, SEC.12. Amended by P.L.145-2006, SEC.239; P.L.103-2007, SEC.30; P.L.80-2010, SEC.40.
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 › 31-16-15-5. Repealed

[Pre-1997 Recodification Citation: 31-2-10-8(a).]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-6. Repealed

[Pre-1997 Recodification Citation: 31-2-10-8(b).]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-6.5. Serving an Income Withholding Order

Sec. 6.5. A court or Title IV-D agency may serve an income withholding order on an income payor by:
(1) first class mail;
(2) facsimile transmission; or
(3) other electronic means approved by the Title IV-D agency.
As added by P.L.103-2007, SEC.32.
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 › 31-16-15-7. Repealed

[Pre-1997 Recodification Citation: 31-2-10-9.]
As added by P.L.1-1997, SEC.8. Amended by P.L.234-2005, SEC.87; P.L.148-2006, SEC.20. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-7.5. Income Payor Duties

Sec. 7.5. (a) An income payor that is required to withhold income under this chapter shall:
(1) forward income withheld for the payment of current or past due child support as directed by an income withholding order to the state central collection unit at the time that an obligor is paid;
(2) include a statement that identifies the:
(A) cause number for each obligee;
(B) Indiana support enforcement tracking system (ISETS) or its successor statewide automated support enforcement system case number for each obligee;
(C) name of each obligor and the obligor's Social Security number;
(D) name of each obligee with the amount of the withheld income forwarded by the income payor; and
(E) date on which the amount was withheld from the obligor's income; and
(3) begin withholding income not later than the first pay date after fourteen (14) days following the date the order for income withholding is received by the income payor.
(b) An income payor may retain, in addition to the amount of income forwarded to the state central collection unit, a fee of not more than two dollars ($2) each time the income payor forwards income to the state central collection unit. If an income payor retains a fee under this subsection, the income payor shall reduce the amount of income withheld for the payment of current and past due child support, if necessary to avoid exceeding the maximum amount permitted to be withheld under 15 U.S.C. 1673(b).
As added by P.L.103-2007, SEC.33. Amended by P.L.80-2010, SEC.41; P.L.128-2012, SEC.42.
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 › 31-16-15-8. Repealed

[Pre-1997 Recodification Citation: 31-2-10-10.]
As added by P.L.1-1997, SEC.8. Amended by P.L.234-2005, SEC.88; P.L.148-2006, SEC.21. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-9. Repealed

[Pre-1997 Recodification Citation: 31-2-10-11.]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-10. Repealed

[Pre-1997 Recodification Citation: 31-2-10-12.]
As added by P.L.1-1997, SEC.8. Amended by P.L.138-2001, SEC.12; P.L.234-2005, SEC.89; P.L.148-2006, SEC.22. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-11. Repealed

[Pre-1997 Recodification Citation: 31-2-10-13.]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-12. Repealed

[Pre-1997 Recodification Citation: 31-2-10-14.]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-13. Repealed

[Pre-1997 Recodification Citation: 31-2-10-15(a).]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-14. Repealed

[Pre-1997 Recodification Citation: 31-2-10-15(b).]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-15. Repealed

[Pre-1997 Recodification Citation: 31-2-10-16(a), (b).]
As added by P.L.1-1997, SEC.8. Amended by P.L.138-2001, SEC.13; P.L.234-2005, SEC.90; P.L.148-2006, SEC.23. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-16. Combination of Withheld Amounts for Multiple Obligors in Single Payment; Multiple Withholdings Paid Electronically; Civil Penalty

Sec. 16. (a) Except as provided in subsection (b), if the income payor is required to withhold income from more than one (1) obligor under this chapter, the income payor may combine in a single payment the withheld amounts for all obligors who have been ordered to pay to the state central collection unit established by IC 31-25-3-1 if the income payor separately identifies the part of the single payment that is attributable to each individual obligor.
(b) If the income payor:
(1) is required to withhold income from more than one (1) obligor under this chapter; and
(2) employs more than fifty (50) employees;
the income payor shall make payments to the state central collection unit established by IC 31-25-3-1 through electronic funds transfer or through electronic or Internet access made available by the state central collection unit.
(c) The department of child services shall assess a civil penalty of twenty-five dollars ($25) per obligor per pay period against an income payor that:
(1) is required to make a payment under subsection (b); and
(2) does not make the payment through electronic funds transfer or other means described in subsection (b).
The department shall deposit the penalties into the state general fund.
[Pre-1997 Recodification Citation: 31-2-10-16(c).]
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.13; P.L.234-2005, SEC.91; P.L.148-2006, SEC.24; P.L.103-2007, SEC.34.
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 › 31-16-15-17. Multiple Withholding Orders Against Single Obligor; Pro Rata Distribution of Withheld Earnings

Sec. 17. (a) If there is more than one (1) order for withholding against a single obligor under this chapter and the obligor has insufficient disposable earnings to pay the amount required by all the orders, the income payor shall:
(1) honor all withholdings to the extent that the total amount withheld does not exceed the limits imposed under 15 U.S.C. 1673(b); and
(2) distribute the withheld income pro rata among the persons entitled to receive income under the income withholding orders, giving priority to orders for current child support.
(b) The income payor may not distribute income under subsection (a) in a manner that would result in one (1) of the current child support obligations not being honored.
[Pre-1997 Recodification Citation: 31-2-10-16(d).]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.35; P.L.80-2010, SEC.42.
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 › 31-16-15-18. Notice by Income Payor Following Cessation of Employment or Income

Sec. 18. The income payor shall:
(1) notify:
(A) the Title IV-D agency in a case arising under section 2.5 of this chapter; or
(B) the court in a case arising under section 0.5, 2, or 5.5 of this chapter;
when the obligor ceases to receive income not later than ten (10) days after the employment or income ceases; and
(2) provide:
(A) the obligor's last known address; and
(B) the name and address of the obligor's new income payor if known.
[Pre-1997 Recodification Citation: 31-2-10-16(e).]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.36.
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 › 31-16-15-19. Severance Pay, Accumulated Sick Pay, Vacation Pay, Accumulated Commissions, Bonuses, or Other Lump Sum Payments; Withholding of Support Arrearages

Sec. 19. If an obligor:
(1) is entitled to net income in the form of:
(A) severance pay;
(B) accumulated sick pay;
(C) vacation pay;
(D) accumulated commissions;
(E) a bonus payment in addition to regular earned income; or
(F) other lump sum payment; and
(2) owes an amount of child support that is in arrears;
the income payor shall withhold the amount in arrears up to the maximum permitted under 15 U.S.C. 1673(b).
[Pre-1997 Recodification Citation: 31-2-10-16.5.]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.37; P.L.150-2018, SEC.15.
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 › 31-16-15-20. Payments by Clerk or State Central Collection Unit to Persons Entitled to Receive Child Support

Sec. 20. (a) This subsection applies before January 1, 2007. The clerk of the court shall:
(1) pay the income forwarded by the income payor to the person entitled to receive child support payments; and
(2) maintain records to monitor and document the receipt and payment of income under this chapter.
(b) Beginning January 1, 2007, the clerk of the court, for cash payments, and the state central collection unit, for noncash payments, shall:
(1) pay the income forwarded by the income payor to the person entitled to receive child support payments; and
(2) maintain records to monitor and document the receipt and payment of income under this chapter.
[Pre-1997 Recodification Citation: 31-2-10-17.]
As added by P.L.1-1997, SEC.8. Amended by P.L.148-2006, SEC.25.
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 › 31-16-15-21. Repealed

[Pre-1997 Recodification Citation: 31-2-10-18(a).]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-22. Termination of Income Withholding

Sec. 22. (a) An income withholding order under section 0.5 or 2.5 of this chapter (or IC 31-2-10-7 before its repeal) terminates when both of the following occur:
(1) The duty to support a child ceases under IC 31-14 or IC 31-16-2 through IC 31-16-12.
(2) No child support arrearage exists.
(b) A court or Title IV-D agency may terminate income withholding when the whereabouts of the child and the child's custodial parent are unknown, preventing the forwarding of child support payments.
[Pre-1997 Recodification Citation: 31-2-10-18(b), (c).]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.38.
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 › 31-16-15-23. Liability of Income Payors

Sec. 23. (a) If an income payor fails to forward the money required by an income withholding order, the Title IV-D agency shall send the income payor, by certified mail, a notice of failure to comply. If the income payor fails to forward the money required by an income withholding order within thirty (30) days after receipt of the notice of failure to comply, the income payor is liable for the amount the income payor fails to forward.
(b) An income payor described in subsection (a) is liable to the:
(1) obligee for the amount of income not paid in compliance with the income withholding order, including an amount the obligor is required to pay for health insurance coverage; and
(2) obligor for:
(A) the amount of income withheld and not paid as required under the income withholding order;
(B) an amount equal to the interest that accrues according to the interest percentage that accrues on judgments; and
(C) reasonable attorney's fees and court costs.
(c) An income payor that:
(1) receives an income withholding order from a court or Title IV-D agency; and
(2) fails to comply with the income withholding order;
may be liable for contempt of court.
(d) If an obligor has filed a claim for worker's compensation, the income payor of the obligor shall send a copy of the income withholding order to the income payor's insurance carrier if the income payor has an insurance carrier with whom the claim has been filed in order to continue the ordered withholding of income.
[Pre-1997 Recodification Citation: 31-2-10-19.1.]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.39.
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 › 31-16-15-23.5. Normal Pay and Distribution Cycles Unaffected

Sec. 23.5. An income payor is not required to vary the income payor's normal pay and distribution cycles in order to comply with this chapter.
As added by P.L.80-2010, SEC.43.
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 › 31-16-15-23.7. Immunity From Civil Liability

Sec. 23.7. An income payor is not subject to civil liability for income withheld and paid to an obligee, the Title IV-D agency, or a state central collection unit in accordance with an income withholding order that appears regular on its face.
As added by P.L.80-2010, SEC.44.
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 › 31-16-15-24. Repealed

[Pre-1997 Recodification Citation: 31-2-10-19.3.]
As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
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 › 31-16-15-25. Income Payor Penalties

Sec. 25. (a) An income payor that:
(1) discharges from employment an obligor;
(2) refuses to employ an obligor;
(3) takes disciplinary action against an obligor employed by the income payor; or
(4) otherwise discriminates against an obligor;
because of the existence of an income withholding order or the obligations imposed upon the income payor by the income withholding order, is subject to a penalty not to exceed five thousand dollars ($5,000) payable to the state and recoverable in a civil action. An obligor or the Title IV-D agency may bring an action to enforce a penalty under this subsection.
(b) The collection of money under this section does not affect:
(1) the obligor's right to damages under IC 24-4.5-5-202; or
(2) any other legal remedy available to the obligor;
because of discharge from employment, refusal of employment, or disciplinary action.
[Pre-1997 Recodification Citation: 31-2-10-20.]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.40.
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 › 31-16-15-26. New Income Payor

Sec. 26. If the Title IV-D agency or the court becomes aware that the obligor has a new income payor after income withholding has been implemented:
(1) if the order is an income withholding order implemented under section 2.5 of this chapter, the Title IV-D agency; or
(2) if the order is an income withholding order implemented under section 0.5 of this chapter or an income withholding order implemented after a stay has been lifted under section 5.5 of this chapter, the court or the Title IV-D agency;
shall send the income withholding order to the new income payor.
[Pre-1997 Recodification Citation: 31-2-10-21.]
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.41.
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 › 31-16-15-27. Priority of Order Over Other Claims

Sec. 27. An income withholding order under this chapter has priority over any secured or unsecured claim on income except claims for federal, state, and local taxes that are required to be withheld for the calendar year in which the income is subject to a withholding order.
[Pre-1997 Recodification Citation: 31-2-10-22.]
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 15. Child Support Income Withholding Orders › 31-16-15-28. Full Faith and Credit

Sec. 28. The courts and the Title IV-D agency shall give full faith and credit to income withholding orders that are issued in other states.
[Pre-1997 Recodification Citation: 31-2-10-23.]
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 15. Child Support Income Withholding Orders › 31-16-15-29. Registration of Foreign Support Orders

Sec. 29. (a) The registration of a foreign support order as provided in IC 31-18.5-6 is sufficient for the implementation of an income withholding order by the Title IV-D agency.
(b) The Title IV-D agency shall issue a notice in accordance with section 3.5 of this chapter of the implementation of a foreign support order to the obligor.
As added by P.L.103-2007, SEC.42. Amended by P.L.206-2015, SEC.51.
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 › 31-16-15-30. Title Iv-D Agency Civil Liability

Sec. 30. A Title IV-D agency or an agent of a Title IV-D agency acting within the scope of the agent's employment is not subject to any civil liability for income withheld and paid to an obligee, the Title IV-D agency, or the state central collection unit in accordance with an income withholding order.
As added by P.L.103-2007, SEC.43.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 16. Enforceable Judgment Against a Person Delinquent in Payment of Child Support › 31-16-16-1. Supplemental Remedies

Sec. 1. This chapter supplements other remedies available for the enforcement of a support order.
[Pre-1997 Recodification Citation: 31-2-11-7.]
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 16. Enforceable Judgment Against a Person Delinquent in Payment of Child Support › 31-16-16-2. Delinquent Payment as Judgment Against Obligor

Sec. 2. A payment that is:
(1) required under a support order; and
(2) delinquent;
shall be treated as a judgment against the obligor for the delinquent amount.
[Pre-1997 Recodification Citation: 31-2-11-8.]
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 16. Enforceable Judgment Against a Person Delinquent in Payment of Child Support › 31-16-16-3. Judgment as Lien; Priority; Perfection

Sec. 3. (a) A lien is created against the real and personal property of the obligor in the amount of a judgment described in section 2 of this chapter.
(b) A person holding a lien created by a judgment described in section 2 of this chapter:
(1) has the priority of an unperfected secured creditor in any enforcement proceeding instituted against the property; and
(2) may perfect the lien in the same manner as liens arising from other civil judgments are perfected.
[Pre-1997 Recodification Citation: 31-2-11-9.]
As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.233.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 16. Enforceable Judgment Against a Person Delinquent in Payment of Child Support › 31-16-16-4. Mode of Enforcement; Disputed Amount

Sec. 4. (a) An obligee may enforce a judgment created under section 2 of this chapter (or IC 31-2-11-8 before its repeal) in the same manner as other civil judgments are enforced.
(b) If in a proceeding to enforce a judgment created under section 2 of this chapter (or IC 31-2-11-8 before its repeal) an obligor or an income payor disputes the amount that constitutes a judgment, the court with jurisdiction over the enforcement proceeding may conduct a hearing to determine the amount of delinquent support that is a judgment.
[Pre-1997 Recodification Citation: 31-2-11-10.]
As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.234.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 16. Enforceable Judgment Against a Person Delinquent in Payment of Child Support › 31-16-16-5. Recognition and Enforcement of Judgments

Sec. 5. The courts shall recognize and enforce:
(1) judgments created under section 2 of this chapter (or IC 31-2-11-8 before its repeal); and
(2) judgments for delinquent support payments that are created under the laws of another state.
[Pre-1997 Recodification Citation: 31-2-11-11.]
As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.235.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 16. Enforceable Judgment Against a Person Delinquent in Payment of Child Support › 31-16-16-6. Modification of Obligor's Duty to Pay

Sec. 6. (a) Except as provided in:
(1) subsection (b); or
(2) IC 31-14-19-1;
a court may not retroactively modify an obligor's duty to pay a delinquent support payment.
(b) A court with jurisdiction over a support order may modify an obligor's duty to pay a support payment that becomes due:
(1) after notice of the petition to modify the support order has been given either directly or through the appropriate agent to:
(A) the obligee; or
(B) if the obligee is the petitioner, the obligor; and
(2) before a final order concerning the petition for modification is entered.
[Pre-1997 Recodification Citation: 31-2-11-12.]
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 17. Liability for Support of Parents › 31-16-17-1. Duty to Furnish Support for Parents

Sec. 1. Any individual:
(1) whose father or mother provided the individual with necessary food, shelter, clothing, medical attention, and education until the individual reached sixteen (16) years of age; and
(2) who is financially able due to the individual's own property, income, or earnings;
shall contribute to the support of the individual's parents if either parent is financially unable to furnish the parent's own necessary food, clothing, shelter, and medical attention. The individual shall also provide financial support for the parent's burial if the parent's burial is provided under IC 12-20-16-12.
[Pre-1997 Recodification Citation: 31-2-9-1.]
As added by P.L.1-1997, SEC.8. Amended by P.L.139-2000, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 17. Liability for Support of Parents › 31-16-17-2. Action for Support; Parties Plaintiff

Sec. 2. An action for support of a parent may be instituted against a child for violation of the duty to support a parent as required by section 1 of this chapter by filing a verified complaint in a circuit or superior court of the county of the residence of either parent. The plaintiff or plaintiffs must be:
(1) the parent or parents; or
(2) the:
(A) prosecuting attorney of the judicial circuit;
(B) local office of the county in which the parent resides;
(C) township trustee of the township in which the parent resides; or
(D) division of family resources;
on behalf of the parent.
[Pre-1997 Recodification Citation: 31-2-9-2(a) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.236; P.L.128-2012, SEC.43.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 17. Liability for Support of Parents › 31-16-17-3. Averments of Complaint

Sec. 3. The complaint must allege definite specific facts to establish:
(1) the duty to support; and
(2) the violation of the duty to support.
[Pre-1997 Recodification Citation: 31-2-9-2(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 17. Liability for Support of Parents › 31-16-17-4. Standing; Costs

Sec. 4. (a) Any of the following may prosecute a civil action for support of a parent:
(1) The parent.
(2) The township trustee.
(3) The department.
(4) The director of the division of family resources.
(5) The prosecuting attorney.
(b) Costs may not be taxed against:
(1) the prosecuting attorney;
(2) the department;
(3) the township trustee; or
(4) the director of the division of family resources.
[Pre-1997 Recodification Citation: 31-2-9-2(a) part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.240; P.L.128-2012, SEC.44.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 17. Liability for Support of Parents › 31-16-17-5. Attorney's Fees

Sec. 5. In an action brought under this chapter in which:
(1) the parent is the plaintiff; and
(2) judgment is entered for the plaintiff;
the plaintiff is also entitled to recover reasonable attorney's fees, which the court trying the action shall enter as a part of the judgment.
[Pre-1997 Recodification Citation: 31-2-9-2(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 17. Liability for Support of Parents › 31-16-17-6. Pleading; Service of Notice on Defendant

Sec. 6. Notice shall be served upon a defendant and issues shall be made upon the verified complaint as in other civil actions.
[Pre-1997 Recodification Citation: 31-2-9-3 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 17. Liability for Support of Parents › 31-16-17-7. Additional Parties Defendant; Admissibility of Evidence

Sec. 7. (a) The court on the court's own motion may order other children made additional parties defendant.
(b) In the trial of the action, evidence may be admitted concerning support and care furnished to or by children other than the defendants.
[Pre-1997 Recodification Citation: 31-2-9-3 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 17. Liability for Support of Parents › 31-16-17-8. Appeal and Review

Sec. 8. (a) If:
(1) the finding of the court; or
(2) the verdict of the jury;
is for or against the defendant, each party aggrieved by the finding or verdict may file a motion for a new trial and other proceedings that are proper in other civil actions.
(b) Appeals may be taken as in other civil actions.
[Pre-1997 Recodification Citation: 31-2-9-4.]
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 17. Liability for Support of Parents › 31-16-17-9. Jury Verdict

Sec. 9. If the trial is by jury, the verdict of the jury must state only that the jury finds in favor of each party that should recover.
[Pre-1997 Recodification Citation: 31-2-9-5 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 17. Liability for Support of Parents › 31-16-17-10. Judgment and Order

Sec. 10. If the verdict or finding of the court is against a defendant, the court shall:
(1) enter judgment against the defendant or defendants; and
(2) order that adequate provision be made for the support of the parent or parents, taking into consideration:
(A) the needs of the parent or parents;
(B) the ability of the defendant to pay; and
(C) the evidence given in the action concerning treatment given the child by the parent when obligated to support the child.
[Pre-1997 Recodification Citation: 31-2-9-5 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 17. Liability for Support of Parents › 31-16-17-11. Continuing Order; Modification; Execution

Sec. 11. (a) An order of the court under section 10 of this chapter is a continuing order. The court has jurisdiction to modify the order with respect to:
(1) the order's continuation;
(2) the amount of support; and
(3) the method of payment at any time during the need of the parent or during the financial ability of the child.
(b) The order:
(1) must be for the payment of periodical amounts, equal or varying; and
(2) may be apportioned in different amounts between the respective children who may be parties defendant to the proceedings.
(c) Execution of the order:
(1) may issue on the judgment if an amount is due on the judgment; and
(2) shall be executed without any relief from valuation, appraisement, or exemption laws.
[Pre-1997 Recodification Citation: 31-2-9-5 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 17. Liability for Support of Parents › 31-16-17-12. Contempt

Sec. 12. If a defendant is in default for failure to comply with the order and judgment of the court, the same process may be used for contempt of court as in divorce proceedings.
[Pre-1997 Recodification Citation: 31-2-9-5 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 18. Repealed

[Pre-1997 Recodification Citations:
31-16-18-1formerly 31-2-5-1 part31-16-18-2formerly 31-2-5-1 part31-16-18-3formerly 31-2-5-1 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 19. Requirement That Support for Certain Dependents Be Paid Into Court or to Title Iv-D Agency › 31-16-19-1. Payment Into Court or Agency

Sec. 1. (a) If:
(1) an individual, by the terms of a court order or decree, is ordered to pay support money to or for the dependent wife, husband, father, or mother of the individual; and
(2) the:
(A) dependents are being supported in whole or in part by public money; or
(B) parent of the dependents has sought the assistance of the agency designated to administer Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669);
the court shall order that the payment of the support money be made to the clerk of the circuit court of the county in which the decree or order is entered.
(b) If the support order is for a child:
(1) who qualifies for assistance under IC 12-14-1-1; or
(2) whose parent has sought the assistance of the agency designated to administer Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669);
the court shall order that the payment of the support be made to the agency of state government designated to administer Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) in compliance with the federal regulations established for the administration of Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).
(c) The order must contain:
(1) the date when the first support payment is to be made; and
(2) the frequency of the payments.
[Pre-1997 Recodification Citation: 31-2-2-1.]
As added by P.L.1-1997, SEC.8. Amended by P.L.148-2006, SEC.26.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 19. Requirement That Support for Certain Dependents Be Paid Into Court or to Title Iv-D Agency › 31-16-19-2. Payments Into Court; Accounting System

Sec. 2. If the court enters a decree or an order under section 1(a) of this chapter, the clerk shall:
(1) immediately set up an appropriate account system in the case; and
(2) maintain a continuous record of the payments to each account.
[Pre-1997 Recodification Citation: 31-2-2-2.]
As added by P.L.1-1997, SEC.8. Amended by P.L.148-2006, SEC.27.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 20. Transfer of Jurisdiction Over Support Orders › 31-16-20-1. Application of Chapter

Sec. 1. This chapter applies whenever:
(1) there is pending in an Indiana court an order requiring a parent to make regular payments for the support of the parent's children:
(A) subsequent to the dissolution of the marriage of the parents of the children;
(B) as a result of a paternity action under IC 31-14 (or IC 31-6-6.1 before its repeal);
(C) as a result of a legal separation action under IC 31-15-3; or
(D) as a result of a child support action under IC 31-16-2; and
(2) it is shown to the court in which the order is pending that:
(A) the parent or other person rightfully having custody of the children is residing in a different county in Indiana from the county in which the:
(i) dissolution;
(ii) order under IC 31-14 (or IC 31-6-6.1 before its repeal);
(iii) order under IC 31-15-3; or
(iv) order under IC 31-16-2;
was obtained;
(B) the other parent of the children:
(i) no longer resides; or
(ii) is not regularly found;
in the county in which the dissolution, order under IC 31-14 (or IC 31-6-6.1 before its repeal), order under IC 31-15-3, or order under IC 31-16-2 was obtained; and
(C) it would be in the best interests of the children.
[Pre-1997 Recodification Citation: 31-2-7-1 part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 20. Transfer of Jurisdiction Over Support Orders › 31-16-20-2. Order of Transfer of Proceedings

Sec. 2. The court may order the proceedings with:
(1) all papers and files pertaining to the order for support; and
(2) certified copies of all orders for support;
transferred to the court having jurisdiction over such matters in the county in which the parent or other person having custody of the children is residing.
[Pre-1997 Recodification Citation: 31-2-7-1 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 20. Transfer of Jurisdiction Over Support Orders › 31-16-20-3. Acceptance of Proceedings by Transferee Court

Sec. 3. The court to which the proceedings are transferred:
(1) shall accept the proceedings; and
(2) thereafter has jurisdiction over the children and matters relating to their support by the parent so ordered.
[Pre-1997 Recodification Citation: 31-2-7-1 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 20. Transfer of Jurisdiction Over Support Orders › 31-16-20-4. Docket; Civil Costs Fee

Sec. 4. The proceedings that are transferred shall be docketed as other civil matters are docketed, and a civil costs fee as provided in IC 33-37-4-4 shall be collected.
[Pre-1997 Recodification Citation: 31-2-7-1 part.]
As added by P.L.1-1997, SEC.8. Amended by P.L.98-2004, SEC.102.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 16. Family Law: Support of Children and Other Dependents › Chapter 20. Transfer of Jurisdiction Over Support Orders › 31-16-20-5. Hearing Requirement; Contents of Petition; Notice

Sec. 5. (a) Except as provided in section 6 of this chapter, the order for the transfer of the proceedings may be made only after a hearing is held on a petition filed by or on behalf of the parent or other person having custody of the children.
(b) The petition must:
(1) set forth:
(A) the facts upon which the petition is based; and
(B) the reasons for requesting the transfer of the proceedings; and
(2) be verified.
(c) Notice shall be issued on the petition to the other parent notifying the other parent of:
(1) the pendency of the petition; and
(2) the time and place where the hearing will be heard.
(d) The hearing court shall:
(1) advance the hearing on the docket; and
(2) promptly hold the hearing.
[Pre-1997 Recodification Citation: 31-2-7-2(a).]
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 20. Transfer of Jurisdiction Over Support Orders › 31-16-20-6. Transfer Without Notice and Hearing

Sec. 6. A court may enter an order for transfer of the proceedings without notice and a hearing if the petition required under section 5 of this chapter is:
(1) a joint petition; and
(2) filed on behalf of and verified by:
(A) the custodial parent or a person having custody of the children; and
(B) the noncustodial parent.
[Pre-1997 Recodification Citation: 31-2-7-2(b).]
As added by P.L.1-1997, SEC.8.