Bill Text: IN SB0163 | 2010 | Regular Session | Enrolled
Bill Title: Various child support matters.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0163 Detail]
Download: Indiana-2010-SB0163-Enrolled.html
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
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AN ACT to amend the Indiana Code concerning family law and juvenile law.
(b) If a licensed owner, an operating agent, or a trustee is required to file Form W-2G or a substantially equivalent form with the United States Internal Revenue Service for a person who is delinquent in child support, before payment of cash winnings to the person, the licensed owner, operating agent, or trustee:
(1) may deduct and retain an administrative fee in the amount of the lesser of:
(A) three percent (3%) of the amount of delinquent child support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name,
address, and Social Security number of the obligor and
the child support case identifier, the date and amount of
the payment, and the name and location of the licensed
owner, operating agent, or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided
by the licensed owner, operating agent, or trustee that the bureau
intends to offset the obligor's delinquent child support with the
cash winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of an obligor for ten (10) business days before applying
the amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required
to be withheld under federal or state law.
(b) A licensed owner, operating agent, or trustee that makes a payment of cash winnings to an obligor in violation of IC 4-33-4-27 is not liable to a person to whom the obligor owes child support.
(c) A licensed owner, operating agent, or trustee is immune from civil and criminal liability for acting in compliance with IC 4-33-4-27.
(b) The commission may adopt rules under IC 4-22-2 to establish penalties and sanctions for any licensed owner, operating agent, or trustee who fails to withhold delinquent child support
from cash winnings as required by IC 4-33-4-27.
(1) two thousand dollars ($2,000); or
(2) three (3) months;
past due on payment of court ordered child support.
(b) If a permit holder or trustee is required to file Form W-2G or a substantially equivalent form with the United States Internal Revenue Service for a person who is delinquent in child support, before payment of cash winnings from gambling games, the permit holder or trustee:
(1) may deduct and retain an administrative fee in the amount of the lesser of:
(A) three percent (3%) of the amount of delinquent child support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name, address, and Social Security number of the obligor and the child support case identifier, the date and amount of the payment, and the name and location of the permit holder or trustee; and
(C) issue the obligor a receipt in a form prescribed by the bureau with the total amount withheld for delinquent child support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by the permit holder or trustee that the bureau intends to offset the
obligor's delinquent child support with the cash winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of the obligor for ten (10) business days before applying
the amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required
to be withheld under federal or state law.
(b) A permit holder or trustee that makes a payment of cash winnings to an obligor in violation of IC 4-35-4-16 is not liable to a person to whom the obligor owes child support.
(c) A permit holder or trustee is immune from civil and criminal liability for acting in compliance with IC 4-35-4-16.
(b) The commission may adopt rules under IC 4-22-2 to establish penalties and sanctions for any permit holder or trustee who fails to withhold delinquent child support from cash winnings.
Chapter 6.7. Suspension, Probation, and Denial of Licenses for Failure to Pay Child Support
Sec. 1. (a) Upon receiving an order of a court issued under IC 31-14-12-6 or IC 31-16-12-9, the commission shall:
(1) suspend a license issued under this article to a person who is the subject of the order; and
(2) promptly mail a notice to the last known address of the person who is the subject of the order, stating the following:
(A) That the person's license is suspended beginning five
(5) business days after the date the notice is mailed, and
that the suspension will terminate not earlier than ten (10)
business days after the commission receives an order
allowing reinstatement from the court that issued the
suspension order.
(B) That the person has the right to petition for
reinstatement of a license issued under this chapter to the
court that issued the order for suspension.
(b) The commission shall not reinstate a license suspended
under subsection (a) until the commission receives an order
allowing reinstatement from the court that issued the order for
suspension.
Sec. 2. (a) Upon receiving an order from the bureau (Title IV-D
agency) under IC 31-25-4-32(h), the commission shall send to the
person who is the subject of the order a notice that does the
following:
(1) States that the person is delinquent and is subject to an
order placing the person on probationary status.
(2) Explains that unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, the
commission shall place the person on probationary status with
respect to any license issued to the person under this chapter.
(3) Explains that the person may contest the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days
after the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake
of fact.
(5) Explains the procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(6) Explains that the probation will terminate ten (10) business days after the commission receives a notice from the bureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) Upon receiving an order from the bureau (Title IV-D agency) under IC 31-25-4-34(c), the commission shall send to the person who is the subject of the order a notice that states the following:
(1) That a license issued to the person under this article has been placed on probationary status, beginning five (5) business days after the date the notice is mailed, and that the probation will terminate ten (10) business days after the commission receives a notice from the bureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commission is advised by the bureau that the person whose license has been placed on probationary status has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the commission shall suspend the person's license.
(c) If a person whose license has been placed on probationary status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection (b) is mailed, the commission shall suspend the person's license.
(d) The commission may not reinstate a license placed on probation or suspended under this section until the commission receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5, as required by IC 4-35-4-16.
(b) As used in this section, "delinquent" has the meaning set forth in IC 4-35-2-3.5.
(c) Upon receiving an order from the bureau (Title IV-D agency) under IC 31-25-4-32(k), the commission shall send to the person who is the subject of the order a notice that includes the following information:
(1) The person is delinquent and subject to an order placing the person on probationary status.
(2) That unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, the commission shall place the person on probationary status with respect to a permit issued to the person under IC 7.1-3-18-9(a)(3).
(3) The person may contest the bureau's determination that the person is delinquent and subject to an order placing the person on probationary status by making written application to the bureau within twenty (20) days after the date the notice is mailed.
(4) The only basis for contesting the bureau's determination that the person is delinquent and subject to an order placing the person on probationary status is a mistake of fact.
(5) The procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(6) The probation will end ten (10) business days after the date that the commission receives a notice from the bureau
that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(d) If the commission is advised by the bureau that the obligor
either requested a hearing and failed to appear or appeared and
was found to be delinquent, the commission shall send to the
person who is the subject of the order a notice that states the
following:
(1) That a permit issued to the person under
IC 7.1-3-18-9(a)(3) has been placed on probationary status,
beginning five (5) business days after the date the notice is
mailed, and that the probation will end ten (10) business days
after the date that the commission receives a notice from the
bureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commission is advised by the bureau that the
person whose permit has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commission shall suspend the person's permit.
(e) If a person whose permit has been placed on probationary
status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection
(c) is mailed, the commission shall suspend the person's permit.
(f) The commission may not reinstate a permit placed on
probation or suspended under this section until the commission
receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5.
(1) suspend the employee's permit of; or
(2) deny an employee's permit or the renewal of an employee's permit to;
the person who is the subject of the order.
(b) Upon receiving a court order issued under IC 31-14-12-10 or IC 31-16-12-13, the commission shall promptly mail a notice to the last known address of the person who is the subject of the order that states the following:
(1) That the:
(A) person's employee's permit has been suspended, beginning five (5) business days after the date the notice is mailed; and
(B) suspension will end ten (10) business days after the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit.
(2) That the person has the right to petition for reinstatement of the employee's permit to the court that ordered the suspension.
(c) The commission may not reinstate an employee's permit suspended under this section until the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit.
(b) The bureau may charge an amount agreeable to the parties, as described in IC 9-29-2-3.
(c) An individual or organization making a request under this section must certify one (1) of the following:
(1) That the information is required for the purposes of notifying
vehicle owners of vehicle defects and recall for modifications,
and that the individual or organization will use the information
provided only for that purpose.
(2) That the information will be used only for research or
statistical reporting purposes and that individual identities will be
properly protected in the preparation of the research or reports
and not ascertainable from the published reports or research
results.
(3) That the information will be used for the purpose of
documenting the sale of motor vehicles in Indiana.
(4) That the information will be used for purposes of the federal
Selective Service System.
(5) That the information will be used solely for law enforcement
purposes by police officers.
(6) That the information will be used to locate a parent
described in IC 31-25-3-2(c) as provided under IC 31-25-3-2.
(d) The commission may not compile or release information
concerning voter registration under this section.
(e) The bureau shall provide the requested information under this
section in a format that is agreeable to the parties, including the
following formats:
(1) Printed records.
(2) Microfiche.
(3) Computer disk.
(1) whose current driving license is suspended under this chapter; and
(2) who seeks the reinstatement of the driving license;
must pay a reinstatement fee to the bureau as provided in IC 9-29-10-1.
(b) A person whose driver's license is suspended under section 19 or 20 of this chapter is not required to pay a reinstatement fee to have the person's driving license reinstated.
(1) the child support bureau; or
(2) a prosecuting attorney, private attorney, or private entity operating under an agreement or contract described in IC 31-25-4-13.1.
(1) To appear at appointments, in person or by telephone, with a prosecuting attorney related to:
(A) establishing:
(i) paternity; or
(ii) an order for child support; or
(B) enforcing an order for child support.
(2) To return telephone calls and respond to correspondence when requested by a prosecuting attorney.
(3) To supply information, to the extent known by the nonparent custodian or guardian, for a prosecuting attorney to proceed with appropriate actions to:
(A) establish paternity of a dependent child;
(B) locate parents; or
(C) establish a child support order with respect to a child.
(4) To appear at hearings regarding:
(A) establishment of paternity of a child or a child support order; or
(B) enforcement of a child support order;
if attendance is necessary as determined by the prosecuting attorney.
(b) Information under subsection (a)(3) includes:
(1) identification of potential fathers of a dependent child, if known and paternity has not been established; and
(2) the following information, if known, regarding any parent or potential parent of a dependent child:
(A) The full legal name and nicknames.
(B) The Social Security number.
(C) The current or last known address and phone number.
(D) The current or last known employer, including the name and address of the employer.
(E) If a student, the current or last known school.
(F) The criminal record, including where and when the parent or potential parent was incarcerated.
(G) The date of birth or age.
(H) The race.
(I) Any known group or organizational affiliations.
(J) The names and addresses of close friends or relatives.
(K) Any other information that the prosecuting attorney requests to help locate or identify a parent of a dependent child.
(L) A recent photograph.
(b) A TANF recipient or applicant who refuses to participate in an employment opportunity or a job training opportunity offered to the recipient or applicant under IC 12-8-12 is subject to sanctions established by the director under IC 12-8-12-6(2).
(c) Except in a case in which the parent, custodian, or guardian of the dependent child qualifies for a good cause or other exception provided by statute or administrative rule, a parent, custodian, or guardian who refuses to cooperate with the Title IV-D agency as required by IC 12-14-7-2, IC 12-14-7-3, or IC 12-14-2-24 in:
(1) a paternity action; or
(2) the establishment or enforcement of a child support order;
is subject to sanctions or revocation or suspension of assistance as provided under rules adopted by the division.
(d) The division may adopt rules under IC 4-22-2 to implement subsection (c).
(1) initiates a court proceeding to establish paternity, other than an adoption proceeding, except as provided in IC 31-14-20-2;
(2) executes a paternity affidavit under IC 16-37-2-2.1; or
(3) requests, at the time of application or renewal, that the Title IV-D agency or its agents file a paternity action under IC 31-14-4-3.
(b) A person applying for assistance under this chapter is not required to comply with subsection (a) if:
(1) the father of the dependent child has been charged with an act of rape, incest, or child molesting that occurred against the dependent child's mother within ten (10) months before the birth of the dependent child;
(2) the mother of the dependent child is deceased;
(3) the division determines under rules adopted by the division under IC 4-22-2 that the mother of the dependent child could not know the identity of the child's father;
(4) the mother of the dependent child provides proof, and the division agrees, that the physical health or safety of the mother or the dependent child would be jeopardized if the mother complies with subsection (a); or
(5) the dependent child is living in the family home of a relative other than the mother of the child as described under IC 12-14-1-1(a) and the relative provides proof, and the division agrees, that the physical health or safety of the mother, relative, or dependent child would be jeopardized if the relative complies with subsection (a).
(c) If a dependent child's mother is a party to a paternity action filed under IC 31-14 (or IC 31-6-6.1 before its repeal), a county office shall revoke assistance under this chapter if the mother fails to pursue the paternity action.
(d) The office may not delay payments otherwise owing to a provider if the mother fails to comply with this section.
(e) Except as provided in subsection (b)(1), (b)(3), and (b)(5), if a child is residing with a nonparent guardian or custodian, the nonparent guardian or custodian shall make a good faith effort to cooperate with a prosecuting attorney or the division by providing to the prosecuting attorney or the division any information regarding the potential paternity of the child.
(f) The nonparent custodian or guardian is presumed to make a good faith effort under subsection (e) if the nonparent custodian or guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to the extent the information is known.
(B) Affirms that the information described in IC 12-7-2-43.5(b) is not known.
(g) Before making a determination that the nonparent custodian or guardian is not making a good faith effort to cooperate, the prosecuting attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or guardian.
(5) The time that has expired since the nonparent custodian or guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to provide correct information about an alleged father or a parent of the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecuting attorney that demonstrates the nonparent custodian or guardian has knowledge of the information sought by the prosecuting attorney.
(1) separated or divorced; and
(2) there is no court order for the support of the child;
the other parent shall cooperate, within federal regulations, with the state agency responsible for administering Title IV-D of the federal Social Security Act in obtaining a support order.
(b) If a child is residing with a nonparent guardian or custodian, the nonparent guardian or custodian shall make a good faith effort to cooperate with the division and any agency responsible for administering Title IV-D of the federal Social Security Act in obtaining and enforcing a child support order.
(c) The nonparent custodian or guardian is presumed to make a good faith effort under subsection (b) if the nonparent custodian
or guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone,
with a prosecuting attorney.
(3) Appears at a court hearing when requested by a
prosecuting attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to
the extent the information is known.
(B) Affirms that the information described in
IC 12-7-2-43.5(b) is not known.
(d) Before making a determination that the nonparent custodian
or guardian is not making a good faith effort to cooperate, the
prosecuting attorney shall consider one (1) or more of the
following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being
sought.
(3) The circumstances surrounding the conception of the
child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a
parent of the child because of deception by the alleged father
or parent.
(7) Any other credible information obtained by the prosecutor
that demonstrates the nonparent custodian or guardian has
knowledge of the information sought by the prosecuting
attorney.
Act, in compliance with federal regulations governing Title IV-D of the
federal Social Security Act.
(b) If a child is residing with a nonparent guardian or custodian,
the nonparent guardian or custodian shall make a good faith effort
to cooperate with the division and with any agency responsible for
administering Title IV-D of the federal Social Security Act by
providing any information known to the nonparent guardian or
custodian regarding the potential paternity of the child.
(c) If a child is residing with a nonparent guardian or custodian,
the nonparent guardian or custodian shall make a good faith effort
to cooperate with the division and any agency responsible for
administering Title IV-D of the federal Social Security Act in the
establishment and enforcement of a child support order.
(d) The nonparent custodian or guardian is presumed to make
a good faith effort under subsections (b) and (c) if the nonparent
custodian or guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecutor or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone,
with a prosecuting attorney.
(3) Appears at a court hearing when requested by a
prosecuting attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to
the extent the information is known.
(B) Affirms that the information described in
IC 12-7-2-43.5(b) is not known.
(e) Before making a determination that the nonparent custodian
or guardian is not making a good faith effort to cooperate, the
prosecuting attorney shall consider one (1) or more of the
following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being
sought.
(3) The circumstances surrounding the conception of the
child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a
parent of the child because of deception by the alleged father
or parent.
(7) Any other credible information obtained by the
prosecuting attorney that demonstrates the nonparent
custodian or guardian has knowledge of the information
sought by the prosecuting attorney.
(b) This section does not apply if an employer has eliminated family health coverage for all of its employees.
(c) Whenever a parent is required by a court or an administrative order to provide health coverage for a child and the parent is eligible for family health coverage through an employer doing business in Indiana, the employer shall provide family health coverage to the child in the manner described under IC 27-8-23-6 and in the notice under IC 31-16-15-4.5(b). In addition, the employer shall:
(1) withhold from the employee's compensation the employee's share, if any, of premiums for health coverage; and
(2) pay that amount to the insurer.
(d) Upon the initiation of withholding under subsection (c), an employee whose applicable child support order did not include a deduction from weekly available income for the cost of the health care premium is entitled to a modification of the child support order, taking into account the payments made as of the date withholding began.
(1) the armed forces of the United States (as defined in IC 5-9-4-3); or
(2) the National Guard (as defined in IC 5-9-4-4);
for a period that exceeds thirty (30) consecutive days in a calendar year.
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.
(b) (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.
(c) (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.
(1) money for the child's education beyond grade 12, after the court has considered:
(A) the child's aptitude and ability;
(B) the child's reasonable ability to contribute to educational expenses through:
(i) work;
(ii) obtaining loans; and
(iii) obtaining other sources of financial aid reasonably available to the child and the parent or parents; and
(C) the ability of the parents to meet these expenses;
(2) special medical, hospital, or dental expenses necessary to serve the best interests of the child;
(3) fees mandated under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669); and
(4) basic health and hospitalization insurance coverage for the child.
(b) If, however, the Title IV-D agency initiates action to establish or modify a support obligation and petitions the court to include basic health and hospitalization insurance coverage in the support order, the court shall include a provision
(c) In an action initiated by the Title IV-D agency or other parties, the court
(1) Except as provided in subsection (b), the parent's:
(A) Social Security number;
(B) current residence and mailing address;
(C) telephone numbers;
(D) date of birth; and
(E) driver's license number.
(2) The name and address of the parent's employer.
(b) An individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the individual's current residence and mailing address if the individual provides an address designated by the office of the attorney general under IC 5-26.5 as the individual's current residence and mailing address.
(1) the Indiana horse racing commission if the person holds a license issued under IC 4-31-6; or
(2) the Indiana gaming commission if the person holds a license issued under IC 4-33 or IC 4-35;
requiring that the person's license be suspended until further order of the court.
(1) requires the person's employee's permit be suspended until further order of the court;
(2) orders the chairman of the alcohol and tobacco commission not to issue an employee's permit to the person who is the subject of the order if the person does not currently hold an employee's permit; or
(3) orders the chairman of the alcohol and tobacco commission not to renew the employee's permit of the person who is the subject of the order.
(b) IC 34-47-4 applies to service of an order directing an obligor to appear in a contempt proceeding.
(b) If a court temporarily modifies a custody order due to a
parent's active duty service, the order temporarily modifying the
custody order terminates automatically not later than ten (10) days
after the date the parent notifies the temporary custodian in
writing that the parent has returned from active duty service. This
subsection does not prevent a court from modifying a child custody
order as provided under this article after a parent returns from
active duty service.
(b) An order for medical support under this section shall be enforced under 42 U.S.C. 666(a)(19).
(1) The child is emancipated before becoming twenty-one (21) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and
(C) is or is capable of supporting himself or herself through employment.
In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the
court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under
subsection (a)(1), if the court finds that the child:
(1) has joined is on active duty in the United States armed
services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court;
the court shall find the child emancipated and terminate the child
support.
(1) Except as provided in subsection (b), the parent's:
(A) Social Security number;
(B) current residence and mailing address;
(C) telephone numbers;
(D) date of birth; and
(E) driver's license number.
(2) The name, telephone number, and address of the parent's employer.
(b) An individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the individual's current residence and mailing address if the individual provides an address designated by the office of the attorney general under IC 5-26.5 as the individual's current residence and mailing address.
(b) At the time of the issuance or modification of a support order, the parties affected by the order shall inform the clerk of the
court and the state central collection unit established within the
child support bureau by IC 31-25-3-1 of:
(1) whether any of the parties is receiving or has received
assistance under the:
(A) federal Aid to Families with Dependent Children
program (42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance for Needy Families
(TANF) program (45 CFR 260 et seq.); and
(2) the Social Security number of any child affected by the
order.
The Social Security number required under subdivision (2) shall be
kept confidential and may be used only to carry out the purposes
of the Title IV-D program.
(c) A party who is an individual certified as a program
participant in the address confidentiality program under IC 5-26.5
is not required to provide the individual's current residence and
mailing address if the individual provides an address designated by
the office of the attorney general under IC 5-26.5 as the
individual's principal residence and mailing address.
(1) the Indiana horse racing commission if the person holds a license issued under IC 4-31-6; or
(2) the Indiana gaming commission if the person holds a license
issued under IC 4-33 or IC 4-35;
requiring that the person's license be suspended until further order of
the court.
(1) requires the person's employee's permit be suspended until further order of the court;
(2) orders the chairman of the alcohol and tobacco commission not to issue an employee's permit to the person who is the subject of the order if the person does not currently hold an employee's permit; or
(3) orders the chairman of the alcohol and tobacco commission not to renew the employee's permit of the person who is the subject of the order.
(b) IC 34-47-4 applies to service of an order directing an obligor to appear in a contempt proceeding.
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 0.5. (a) Except as provided in subsection (c), in
any Title IV-D proceeding in which a court has ordered, modified, or
enforced periodic payments of child support, the court shall order
include a provision ordering that child support payments be
immediately withheld from the income of the obligor in an amount
necessary to comply with the support order, including amounts for
current child support obligations, child support arrearage, medical
support, interest, and fees.
(b) Except as provided in subsection (c), a court or Title IV-D
agency shall implement an order for immediate income withholding
under subsection (a):
(1) if the address of the obligor's income payor is known, not
more than fifteen (15) calendar days after the date of the issuance
of a support order; or
(2) if the address of the obligor's income payor is not known, not
more than fifteen (15) calendar days after the date the address of
the obligor's income payor becomes known.
(c) A court may stay implementation of an income withholding
order only if one (1) or more of the following occurs:
(1) One (1) of the parties demonstrates and the court finds good
cause not to order immediate income withholding by finding all
of the following:
(A) A stay of implementation of the income withholding order
is in the best interests of the child.
(B) The obligor has a history of substantially uninterrupted,
full, and timely child support payments, other than payments
made through an income withholding order or another
mandatory process of previously ordered child support, during
the previous twelve (12) months.
(C) The court issues a written finding that an income
withholding order would cause an extraordinary hardship on
the obligor.
(2) The parties submit a written agreement that:
(A) meets the requirements under subsection (d); and
(B) is approved by the court; and
(C) is entered into the record of the court.
(d) A written agreement described in subsection (c)(2) must meet
the following requirements:
(1) Contain the following:
(A) A statement that an income withholding order is not
implemented immediately but that an income withholding
order will be implemented if the:
(i) obligor's child support and arrearage payments become
delinquent; or
(ii) obligor requests implementation of the income
withholding order.
(B) A detailed description of an alternative payment
arrangement between the parties to ensure the timely payment
of child support.
(2) Contain a provision that the obligor shall provide current
information to the court concerning the following:
(A) The name, address, and telephone number of the obligor's
place of employment.
(B) Any health coverage available to the obligor as a benefit
of employment or maintained by the obligor, including
information on the:
(i) name of the carrier (as defined in IC 27-8-10-1);
(ii) health insurance policy, certificate, or contract number;
and
(iii) if applicable, names and birth dates of the persons for
whose benefit the obligor maintains health coverage under
the health insurance policy, certificate, or contract.
(e) If possible, the court shall specify the date on which a stay of
implementation of the income withholding order terminates
automatically.
(f) In Title IV-D cases in which periodic payments of child support
are ordered, modified, or enforced, the court shall order the obligor to
inform the Title IV-D agency of the:
(1) name and address of the obligor's current income payor;
(2) obligor's access to health insurance coverage; and
(3) if applicable, obligor's health insurance policy information.
(1) prescribe standard forms for:
(A) an income withholding order; and
(B) a notice form; and
(2) make the forms listed in subdivision (1) available to:
(A) a court;
(B) a private attorney;
(C) an obligor; and
(D) an obligee.
(b) An income withholding order under this chapter must be issued
in a form substantially similar to the form prescribed under subsection
(a)(1)(A).
(c) An income withholding order form under subsection
(a)(1)(A) must contain the following:
(1) The amount of income to be withheld.
(2) A statement that the total amount of income to be withheld
is the sum of the following:
(A) The obligor's current child support obligation.
(B) The amount of any child support arrearage ordered by
the court.
(C) An additional amount as determined under section
2.5(f) of this chapter for:
(i) any arrearage that has not been adjudicated, if no
arrearage has been adjudicated previously; or
(ii) any additional arrearage that has not been
adjudicated and accrues since the last adjudication of
arrearage by the court.
(D) A fee of two dollars ($2) that must be paid at the
income payor's option to the income payor each time the
income payor forwards income to the state central
collection unit.
(3) A statement that the total amount withheld under the
income withholding order plus the fee under subdivision
(2)(D) may not exceed the maximum amount permitted under
15 U.S.C. 1673(b).
(4) A statement that an income payor shall:
(A) begin withholding income not later than the first pay
date after fourteen (14) days following the date the income
withholding order is received by the income payor; and
(B) report to the state central collection unit the date on
which the income was withheld from the obligor's income.
(5) A statement that if an income payor is required to
withhold income from more than one (1) obligor, the income
payor may combine the withheld amount of income into a
single payment for all obligors who are required to make
payments to the state central collection unit if the income
payor identifies the part of the single payment that is
attributable to each individual obligor.
(6) A statement that if the obligor has:
(A) more than one (1) income withholding order against
the obligor; and
(B) insufficient disposable earnings to pay the amount of
income withholding for all income withholding orders;
an income payor shall honor all withholdings to the extent
that the total amount withheld does not exceed limits imposed
under 15 U.S.C. 1673(b).
(7) A statement that the income payor shall 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.
(8) A statement that the income payor may not distribute
income as described under subdivision (7) in a manner that
would result in one (1) of the current child support obligations
not being honored.
(9) A statement that the income payor shall forward the
amount withheld for current support and any arrears to the
state central collection unit with a statement identifying the:
(A) cause number for the obligee;
(B) name of the obligor;
(C) name of the obligee with the applicable income
withheld for each obligee forwarded from the income
payor;
(D) Social Security number of each obligee; and
(E) Indiana support enforcement tracking system (ISETS)
number for each obligee.
(10) A statement that the income withholding order is binding
upon the income payor until further notice by the Title IV-D
agency.
(11) A statement that if an income payor:
(A) discharges the obligor from employment;
(B) refuses to employ the obligor;
(C) takes disciplinary action against the obligor employed
by the income payor; or
(D) otherwise discriminates against the obligor;
because of the existence of an income withholding order or the
obligations imposed upon the income payor by the income
withholding order, the income payor is subject to a penalty of
not more than five thousand dollars ($5,000) payable to the
state and recoverable in a civil action.
(12) A statement that if an income payor fails to withhold
income in accordance with the income withholding order, the
income payor is liable for:
(A) the accumulated amount the income payor should have
withheld from the obligor's income; and
(B) any interest, attorney's fees, and costs.
(13) A statement that an income withholding order under this
chapter has priority over any secured or unsecured claim on
income, except for claims for federal, state, and local taxes.
(14) A statement that an income payor must:
(A) notify the Title IV-D agency if the obligor:
(i) ceases employment with; or
(ii) no longer receives income from;
the income payor, not later than ten (10) days after the
date the obligor's employment or income ceases; and
(B) provide the obligor's last known address and the name
and address of the obligor's new income payor, if known,
to the Title IV-D agency.
(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.
(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) 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).
(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.
[EFFECTIVE JULY 1, 2010]: 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.
(b) If a court temporarily modifies a custody order due to a parent's active duty service, the order temporarily modifying the custody order terminates automatically not later than ten (10) days after the date the parent notifies the temporary custodian in writing that the parent has returned from active duty service. This subsection does not prevent a court from modifying a child custody order as provided under this article after a parent returns from active duty service.
(b) To carry out the bureau's responsibilities under this chapter, the bureau or a prosecuting attorney, private attorney, or private entity operating under an agreement or contract described in IC 31-25-4-13.1 shall, subject to policies adopted by the superintendent of the state police department concerning the disclosure of law enforcement records, be granted access to information that is contained in an information system used by the state to locate an individual for purposes relating to motor vehicles or law enforcement.
(1) owes child support; or
(2) has abandoned or deserted a child;
by providing the pertinent information relative to the location, income,
and property of the parent, notwithstanding any other statute making
the information confidential.
(c) (d) Notwithstanding any other statute making the information
confidential, each person doing business in Indiana shall provide the
bureau or an agent of the bureau with the following information, if
available, upon receipt of the certification described in subsection (d):
(e):
(1) Full name of the parent.
(2) Social Security number of the parent.
(3) Date of birth of the parent.
(4) Address of the parent's residence.
(5) Amount of wages earned by the parent.
(6) Number of dependents claimed by the parent on state and
federal tax withholding forms.
(7) Name and address of the parent's employer.
(8) Name and address of any financial institution maintaining an
account for the parent.
(9) Address of any real property owned by the parent.
(10) Name and address of the parent's health insurance carrier and
health coverage policy number.
(d) (e) The parent locator service shall certify that the information
requested in subsection (c) (d) is for the purpose of locating a parent
who owes child support or who has abandoned a child and that the
information obtained is to be treated as confidential by the bureau and
any other state to which the information is released.
(e) (f) A business in Indiana and each unit of state and local
government shall comply with an administrative subpoena issued by a
Title IV-D agency in another jurisdiction. The information requested
may not be provided unless the Title IV-D agency of the other
jurisdiction certifies that the information will be treated as confidential.
The business or unit of government shall provide the Title IV-D agency
of the other jurisdiction with the information listed in subsection (c),
(d), if available, if requested in the subpoena, upon certification by the
Title IV-D agency of the other jurisdiction that the information is for
the purpose of locating a parent who owes child support or who has
abandoned or deserted a child.
(f) (g) A person may not knowingly refuse to give the bureau, the
bureau's agents, or the Title IV-D agency of another jurisdiction the
following:
(1) The name of a parent of a child for whom the state is
providing public assistance.
(2) Information that may assist the parent locator service or other
jurisdiction in locating the parent of a child.
(g) (h) Information obtained under this section may not be used in
a criminal prosecution against the informant.
(h) (i) A person may not knowingly give the bureau or the Title
IV-D agency of another jurisdiction the incorrect name of a parent of
a child or knowingly give the parent locator service incorrect
information on the parent's whereabouts for the purpose of concealing
the identity of the real parent of the child or the location of the parent.
(1) The following records of state and local agencies:
(A) Records of birth, marriage, and death.
(B) Tax and revenue records, including information related to residence addresses, employers, and assets.
(C) Records concerning real and titled personal property.
(D) Records of occupational, professional, and recreational licenses or permits.
(E) Records concerning the ownership and control of corporations, partnerships, and other business entities.
(F) Employment security records.
(G) Records of agencies administering public assistance programs.
(H) Records of the bureau of motor vehicles.
(I) Records of:
(i) the department of correction; and
(ii) county and municipal correction or confinement facilities.
(2) Subject to subsection (d), records of public utilities and cable television companies that relate to persons who owe or are owed support, or against whom a support obligation is sought, including:
(A) the person's name and address; and
(B) the name and address of the person's employer.
(3) Records held by financial institutions as provided under
IC 31-25-4-31.
(4) Subject to policies adopted by the superintendent of the
state police department concerning the disclosure of law
enforcement records, any other records of a state or local
agency.
(b) Upon the request of the bureau or a prosecuting attorney,
private attorney, or private entity that is operating under an
agreement or contract described in IC 31-25-4-13.1, an employer
shall provide information related to the employment, earnings,
benefits, and residential address and phone number of any
employee.
(c) An agency or entity that possesses records described in
subsection (a)(1) and (a)(3) shall provide information and records
upon the request of the bureau or a prosecuting attorney, private
attorney, or private entity that is operating under an agreement or
contract under IC 31-25-4-13.1. Information described in this
subsection shall be provided in response to a subpoena, or the
bureau may enter into agreements to provide for electronic access
to these records.
(d) An entity listed subsection (a)(2) shall provide the
information only in response to a judicial or administrative
subpoena issued by the bureau.
(e) An agency or entity described under subsection (a) that
provides information under a request or subpoena under this
section is not liable for disclosing information under the request or
subpoena.
(f) All information received under this section is confidential.
The bureau may disclose this information only as provided under
IC 31-25-4-21.
(1) Share data regarding obligors who are delinquent with:
(A) a licensed owner, operating agent, and trustee in accordance with IC 4-33-4-27;
(B) a permit holder and trustee in accordance with IC 4-35-4-16; and
(C) the state lottery commission;
to allow for the interception of cash winnings and prizes from the obligors.
(2) Distribute money collected from the persons described in subdivision (1) according to federal child support laws and regulations.
(1) Collect support payments when the payments have been assigned to the state by the application for assistance under Title IV-A.
(2) Assist in obtaining a support order, including an order for health insurance coverage under:
(A) IC 27-8-23;
(B) IC 31-14-11-3; or
(C) IC 31-16-6-4;
when there is no existing order and assistance is sought.
(3) Assist mothers of children born out of wedlock in establishing paternity and obtaining a support order, including an order for health insurance coverage under IC 27-8-23, when the mother has applied for assistance.
(4) Implement income withholding in any Title IV-D case:
(A) with an arrearage; and
(B) without an order issued by a court or an administrative agency.
(5) Enforce intrastate and interstate support orders using high volume automated enforcement features.
(6) Use a simplified procedure for the review and adjustment of support orders as set forth in 42 U.S.C. 666(a)(10).
(7) In any Title IV-D case, petition:
(A) a court to:
(i) establish paternity for a child born out of wedlock; and
(ii) establish a support order, including an order for health insurance coverage under IC 27-8-23, IC 31-14-11-3, or IC 31-16-6-4; and
(B) a court to establish or modify a support order, including an order for health insurance coverage under IC 27-8-23, IC 31-14-11-3, or IC 31-16-6-4, if:
(i) there is no existing support order; or
(ii) the existing order does not include a provision for private health insurance.
(b) Whenever the bureau collects support payments on behalf of an individual who is no longer a member of a household that receives
Title IV-A cash payments, the collected support payments (except
collections made through a federal tax refund offset) shall be promptly
distributed in the following order:
(1) Payment to the recipient of the court ordered support
obligation for the month that the support payment is received.
(2) Payment to the recipient of the support payment arrearages
that have accrued during any period when the recipient was not a
member of a household receiving Title IV-A assistance.
(3) Payment to the state in an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the
recipient's family; or
(B) the amount assigned to the state by the recipient under
IC 12-14-7-1.
(4) Payment of support payment arrearages owed to the recipient.
(5) Payment of any other support payments payable to the
recipient.
(c) Whenever the bureau receives a payment through a federal tax
refund offset on behalf of an individual who has received or is
receiving Title IV-A assistance, the child support payment shall be
distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the
individual's family; or
(B) the amount assigned to the state by the individual under
IC 12-14-7-1.
(2) To the individual, any amounts remaining after the
distribution under subdivision (1).
(d) Except as provided in section 19.5 of this chapter, whenever the
bureau collects a child support payment from any source on behalf of
an individual who has never received Title IV-A assistance, the bureau
shall forward all money collected to the individual.
(e) Whenever the bureau receives a child support payment on behalf
of an individual who currently receives a Title IV-A cash payment or
an individual whose cash payment was recouped, the child support
payment shall be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the
individual's family; or
(B) the amount assigned to the state by the individual under
IC 12-14-7-1.
(2) To the individual, any amounts remaining after the
distribution under subdivision (1).
(f) Unless otherwise required by federal law, not more than seventy-five (75) days after a written request by a recipient, the bureau shall provide an accounting report to the recipient that identifies the bureau's claim to a child support payment or arrearage.
(g) The bureau, the department of child services, and the department of state revenue may not charge a custodial parent a fee to seek or receive a payment through a federal tax refund offset as described in subsection (c).
(1) Specifies that the obligor is delinquent.
(2) Describes the amount of child support that the obligor is in arrears.
(3) States that unless the obligor:
(A) pays the obligor's child support arrearage in full;
(B) establishes a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order; or
(C) requests a hearing under section 33 of this chapter;
within twenty (20) days after the date the notice is mailed, the Title IV-D agency shall issue an order to the bureau of motor vehicles stating that the obligor is delinquent and that the obligor's driving privileges shall be suspended.
(4) Explains that the obligor has twenty (20) days after the notice is mailed to do one (1) of the following:
(A) Pay the obligor's child support arrearage in full.
(B) Establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.
(C) Request a hearing under section 33 of this chapter.
(5) Explains that if the obligor has not satisfied any of the requirements of subdivision (4) within twenty (20) days after the notice is mailed, that the Title IV-D agency shall issue a notice to:
(A) the board or department that regulates the obligor's profession or occupation, if any, that the obligor is delinquent and that the obligor may be subject to sanctions under IC 25-1-1.2, including suspension or revocation of the obligor's professional or occupational license;
(B) the supreme court disciplinary commission if the obligor
is licensed to practice law;
(C) the department of education established by IC 20-19-3-1
if the obligor is a licensed teacher;
(D) the Indiana horse racing commission if the obligor holds
or applies for a license issued under IC 4-31-6;
(E) the Indiana gaming commission if the obligor holds or
applies for a license issued under IC 4-33 and IC 4-35;
(F) the commissioner of the department of insurance if the
obligor holds or is an applicant for a license issued under
IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3; or
(G) the director of the department of natural resources if the
obligor holds or is an applicant for a license issued by the
department of natural resources under: the following:
(i) IC 14-22-12 (fishing, hunting, and trapping licenses);
(ii) IC 14-22-14 (Lake Michigan commercial fishing
license);
(iii) IC 14-22-16 (bait dealer's license);
(iv) IC 14-22-17 (mussel license);
(v) IC 14-22-19 (fur buyer's license);
(vi) IC 14-24-7 (nursery dealer's license); or
(vii) IC 14-31-3 (ginseng dealer's license); or
(H) the alcohol and tobacco commission if the obligor holds
or applies for an employee's permit under
IC 7.1-3-18-9(a)(3).
(6) Explains that the only basis for contesting the issuance of an
order under subdivision (3) or (5) is a mistake of fact.
(7) Explains that an obligor may contest the Title IV-D agency's
determination to issue an order under subdivision (3) or (5) by
making written application to the Title IV-D agency within twenty
(20) days after the date the notice is mailed.
(8) Explains the procedures to:
(A) pay the obligor's child support arrearage in full; and
(B) establish a payment plan with the Title IV-D agency to pay
the arrearage, which must include an income withholding
order under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) Whenever the Title IV-D agency finds that an obligor is
delinquent and has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter within
twenty (20) days after the date the notice described in subsection
(a) is mailed;
the Title IV-D agency shall issue an order to the bureau of motor
vehicles stating that the obligor is delinquent.
(c) An order issued under subsection (b) must require the following:
(1) If the obligor who is the subject of the order holds a driving
license or permit on the date the order is issued, that the driving
privileges of the obligor be suspended until further order of the
Title IV-D agency.
(2) If the obligor who is the subject of the order does not hold a
driving license or permit on the date the order is issued, that the
bureau of motor vehicles may not issue a driving license or permit
to the obligor until the bureau of motor vehicles receives a further
order from the Title IV-D agency.
(d) The Title IV-D agency shall provide the:
(1) full name;
(2) date of birth;
(3) verified address; and
(4) Social Security number or driving license number;
of the obligor to the bureau of motor vehicles.
(e) Whenever the Title IV-D agency finds that an obligor who is an
applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the board regulating the
practice of the obligor's profession or occupation stating that the
obligor is delinquent.
(f) An order issued under subsection (e) must direct the board or
department regulating the obligor's profession or occupation to impose
the appropriate sanctions described under IC 25-1-1.2.
(g) Whenever the Title IV-D agency finds that an obligor who is an
attorney or a licensed teacher is delinquent and the attorney or licensed
teacher has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall notify the supreme court disciplinary commission if the obligor is an attorney, or the department of education if the obligor is a licensed teacher, that the obligor is delinquent.
(h) Whenever the Title IV-D agency finds that an obligor who holds a license issued under IC 4-31-6,
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the Indiana horse racing commission if the obligor holds a license issued under IC 4-31-6, or to the Indiana gaming commission if the obligor holds a license issued under IC 4-33 or IC 4-35, stating that the obligor is delinquent and directing the commission to impose the appropriate sanctions described in IC 4-31-6-11,
(i) Whenever the Title IV-D agency finds that an obligor who holds a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the commissioner of the department of insurance stating that the obligor is delinquent and directing the commissioner to impose the appropriate sanctions described in IC 27-1-15.6-29 or IC 27-10-3-20.
(j) Whenever the Title IV-D agency finds that an obligor who holds a license issued by the department of natural resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the director of the department of natural resources stating that the obligor is delinquent and directing the director to suspend or revoke a license issued to the obligor by the department of natural resources as provided in
IC 14-11-3.
(k) If the Title IV-D agency finds that an obligor who holds an
employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay
the arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the alcohol and
tobacco commission stating that the obligor is delinquent and
directing the alcohol and tobacco commission to impose the
appropriate sanctions under IC 7.1-3-23-44.
(l) A person's most recent address on file with the bureau
constitutes a verified address for purposes of this section.
(b) If an obligor holds a license issued by a board and requests a hearing under section 33 of this chapter but fails to appear or appears and is found to be delinquent, the Title IV-D agency shall issue an order to the board that issued the obligor's license:
(1) stating that the obligor is delinquent; and
(2) requiring the board to comply with the actions required under IC 25-1-1.2-8(b).
(c) If an obligor holds a license issued under IC 4-31-6,
(1) Indiana horse racing commission, if the obligor holds a license issued under IC 4-31-6; or
(2) Indiana gaming commission, if the obligor holds a license issued under IC 4-33 or IC 4-35;
stating that the obligor is delinquent and requiring the commission to comply with the actions required under IC 4-31-6-11,
(d) If an obligor holds a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 and requests a hearing under section 33 of this chapter but fails to appear or appears and is found to be delinquent, the Title IV-D agency shall issue an order to the commissioner of the department of insurance:
(1) stating that the obligor is delinquent; and
(2) requiring the commissioner to comply with the actions required under IC 27-1-15.6-29 or IC 27-10-3-20.
(e) If an obligor holds a license issued by the department of natural resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests a hearing under section 33 of this chapter but fails to appear, or appears and is found to be delinquent, the Title IV-D agency shall issue an order to the director of the department of natural resources:
(1) stating that the obligor is delinquent; and
(2) requiring the director to suspend or revoke a license issued by the department as provided in IC 14-11-3.
(f) If an obligor:
(1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3); and
(2) requests a hearing under section 33 of this chapter but fails to appear or appears and is found to be delinquent;
the Title IV-D agency shall issue an order to the alcohol and tobacco commission stating that the obligor is delinquent and requiring the commission to impose the appropriate sanctions under IC 7.1-3-23-44.
(b) A disclaimer of an interest in property is barred up to the amount of the disclaimant's child support arrearage.
[EFFECTIVE JULY 1, 2010]: Sec. 133.1. IC 31-16-15-23.7
(Concerning an income payor for withholding income paid to an
obligee, the Title IV-D agency, or the state central collection unit
in accordance with an income withholding order).
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