Bill Text: IN HB1040 | 2011 | Regular Session | Introduced

Indiana House Bill 1040 (Prior Session Legislation)

Introduced

Bill Title: Support obligations while incarcerated.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Family, Children and Human Affairs [HB1040 Detail]

Download: Indiana-2011-HB1040-Introduced.html

Introduced Version

HOUSE BILL No. 1040

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 31-14-11; IC 31-16.

Synopsis: Support obligations while incarcerated. Provides that a court, in establishing or modifying a child support order, is prohibited from considering a reduction or elimination of a parent's income due to the parent's incarceration.

Effective: July 1, 2011.

Cheatham

January 5, 2011, read first time and referred to Committee on Family, Children and Human Affairs.

Introduced

First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in ~~this~~ ~~style~~ ~~type.~~
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HOUSE BILL No. 1040

A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-14-11-2; (11)IN1040.1.1. -->     SECTION 1. IC 31-14-11-2, AS AMENDED BY P.L.80-2010, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Subject to section 2.5 of this chapter, the court may order either or both parents to pay any reasonable amount for child support after considering all relevant factors, including the following:
        (1) The financial resources of the custodial parent.
        (2) The standard of living the child would have enjoyed had the parents been married and remained married to each other.
        (3) The physical and mental condition of the child.
        (4) The child's educational needs.
        (5) The financial resources and needs of the noncustodial parent.
    (b) The court shall order that child support payments ordered under this section be immediately withheld from the income of the parent obligated to pay child support as provided under IC 31-16-15-0.5.
    (c) The court shall order a custodial parent or third party under section 9 of this chapter who receives child support to obtain an

account at a financial institution unless:
        (1) the custodial parent or third party files a written objection before a child support order is issued; and
        (2) the court finds that good cause exists to exempt the custodial parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shall provide the clerk of the circuit court and the state central collection unit with an account number and any other information necessary to transfer funds to the account.
    (d) In accordance with its policies, a financial institution may restrict or deny services to a person ordered to obtain an account under this section.

SOURCE: IC 31-14-11-2.5; (11)IN1040.1.2. --> SECTION 2. IC 31-14-11-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. In establishing or modifying a child support order, a court may not consider a reduction or elimination of a parent's income due to the parent's incarceration.

SOURCE: IC 31-14-11-8; (11)IN1040.1.3. -->     SECTION 3. IC 31-14-11-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. Subject to section 2.5 of this chapter, a support order may be modified or revoked upon a showing:
        (1) of a substantial change in circumstances that makes the terms unreasonable; or
        (2) that:
            (A) a person 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 support order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.

SOURCE: IC 31-16-6-1; (11)IN1040.1.4. -->     SECTION 4. IC 31-16-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Subject to section 1.5 of this chapter, in an action for dissolution of marriage under IC 31-15-2, legal separation under IC 31-15-3, or child support under IC 31-16-2, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:
        (1) the financial resources of the custodial parent;
        (2) the standard of living the child would have enjoyed if:
            (A) the marriage had not been dissolved; or
            (B) the separation had not been ordered;

        (3) the physical or mental condition of the child and the child's educational needs; and
        (4) the financial resources and needs of the noncustodial parent.
    (b) The court shall order a custodial parent or third party under IC 31-16-10-1 who receives child support to obtain an account at a financial institution unless:
        (1) the custodial parent or third party files a written objection before a child support order is issued; and
        (2) the court finds that good cause exists to exempt the custodial parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shall provide the clerk of the circuit court or other person or entity acting as assignee or trustee for remittance with an account number and any other information necessary to transfer funds to the account.
    (c) In accordance with its policies, a financial institution may restrict or deny services to a person ordered to obtain an account under this section.
    (d) This section may not be construed to require the clerk of the circuit court to remit child support payments by electronic funds transfer.

SOURCE: IC 31-16-6-1.5; (11)IN1040.1.5. --> SECTION 5. IC 31-16-6-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. In establishing or modifying a child support order, a court may not consider a reduction or elimination of a parent's income due to the parent's incarceration.

SOURCE: IC 31-16-8-1; (11)IN1040.1.6. -->     SECTION 6. IC 31-16-8-1, AS AMENDED BY P.L.103-2007, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Provisions of an order with respect to child support or an order for maintenance (ordered under IC 31-16-7-1 or IC 31-1-11.5-9(c) before their repeal) may be modified or revoked.
    (b) Except as provided in section 2 of this chapter and subject to IC 31-16-6-1.5, 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.