2006 Indiana Code - CHAPTER 11. SUPPORT FOLLOWING DETERMINATION OF PATERNITY
IC 31-14-11Chapter 11. Support Following Determination of Paternity
IC 31-14-11-1
Issuance of paternity and child support order upon execution of
paternity affidavit
31-14-11-1 Sec. 1. If:
(1) a paternity affidavit is executed under IC 16-37-2-2.1; and
(2) the man who executed the paternity affidavit fails to set
forth evidence at a child support hearing that rebuts the man's
paternity;
an order establishing paternity and child support for the child named
in the paternity affidavit may be obtained at a child support hearing
without any further proceedings to establish the child's paternity.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-1.1
Temporary order for child support
31-14-11-1.1 Sec. 1.1. In a paternity proceeding, the court shall
issue a temporary order for child support if there is clear and
convincing evidence that the man involved in the proceeding is the
child's biological father.
As added by P.L.257-1997(ss), SEC.39.
IC 31-14-11-2
Support order; relevant factors; account at financial institution
31-14-11-2 Sec. 2. (a) 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 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) In accordance with its policies, a financial institution may
restrict or deny services to a person ordered to obtain an account
under this section.
As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.6;
P.L.148-2006, SEC.8.
IC 31-14-11-3
Expenses for child's higher education and health care; Title IV-D
fees
31-14-11-3 Sec. 3. (a) Where appropriate, the support order may
include:
(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 addressing insurance
coverage for the child.
(c) In an action initiated by the Title IV-D agency or other parties,
the court may order the parent who is ordered to pay child support to
provide the insurance coverage for the child if the insurance
coverage is available to the parent at reasonable cost.
As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.7.
IC 31-14-11-4
Higher education expenses; reduction of other child support
31-14-11-4 Sec. 4. If the court orders support for a child's
educational expenses at an institution of higher learning under
section 3 of this chapter, the court shall reduce other child support
for the child that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-5
Date for support obligation to begin
31-14-11-5 Sec. 5. The support order:
(1) may include the period dating from the birth of the child;
and
(2) must include the period dating from the filing of the
paternity action.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-6
Setting aside parent's property
31-14-11-6 Sec. 6. The court may set aside any portion of either
parent's property that may be necessary and proper for the support of
the child.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-7
Security, bond, or guarantee of obligation
31-14-11-7 Sec. 7. The court may provide in:
(1) a support order; or
(2) modification of a support order;
for the security, bond, or other guarantee that is satisfactory to the
court to secure the obligation to make support payments.
As added by P.L.1-1997, SEC.6. Amended by P.L.171-2001, SEC.2.
IC 31-14-11-8
Modification or revocation of support order
31-14-11-8 Sec. 8. 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.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-9
Support payments to appropriate person
31-14-11-9 Sec. 9. The court may order that support payments be
made to any appropriate person.
As added by P.L.1-1997, SEC.6. Amended by P.L.148-2006, SEC.9.
IC 31-14-11-10
Use of support exclusively for child's benefit; Title IV-D
disbursements and fees
31-14-11-10 Sec. 10. Support payments may be used only for the
benefit of the child. However, if the payments are assigned to the
state agency administering Title IV-D of the federal Social Security
Act (42 U.S.C. 651 through 669), the payments shall be disbursed
and fees shall be imposed in accordance with Title IV-D of the
federal Social Security Act (42 U.S.C. 651 through 669).
As added by P.L.1-1997, SEC.6.
IC 31-14-11-11
Clerk or state central collection unit as trustee for remittance
31-14-11-11 Sec. 11. (a) This subsection applies before January
1, 2007. The court shall require that child support payments be made
through the clerk of the court or the child support bureau under
IC 31-25-3 or IC 31-25-4 as trustee for remittance to the person
entitled to receive the payments, unless the court has reasonable
grounds for providing or approving another method of payment.
(b) Beginning January 1, 2007, the court shall require that child
support payments:
(1) paid in cash be made through the clerk of the court; and
(2) paid by a noncash method be made through the state central
collection unit established by IC 31-33-1.5-8;
as trustee for remittance to the person entitled to receive the
payments.
As added by P.L.1-1997, SEC.6. Amended by P.L.257-1997(ss),
SEC.36; P.L.145-2006, SEC.225; P.L.148-2006, SEC.10.
IC 31-14-11-12
Forwarding of payments to Title IV-D agency
31-14-11-12 Sec. 12. (a) If the clerk of the court is notified by the
Title IV-D agency or the agency's designee that:
(1) the child who is the beneficiary of a support order is
receiving assistance under the federal Title IV-A assistance
program (42 U.S.C. 601 et seq.); and
(2) an assignment of support rights in favor of the state is in
effect against the person obligated to make child support
payments;
the clerk of the court shall forward the child support payments
directly to the Title IV-D agency without further order of the court.
(b) The Title IV-D agency shall disburse the child support
payments in accordance with federal regulations governing the Title
IV-D program.
As added by P.L.1-1997, SEC.6. Amended by P.L.257-1997(ss),
SEC.37.
IC 31-14-11-13
Records; accounting
31-14-11-13 Sec. 13. (a) The clerk shall maintain records listing
the following:
(1) The amount of child support payments.
(2) The date when child support payments must be made.
(3) The names and addresses of the parties affected by the
order.
(4) The information required to be submitted to the clerk by
sections 14 and 15 of this chapter.
(b) If the clerk elects under IC 5-13-6-4(a) not to follow the
accounting and depository procedures required by IC 5-13-6, the
clerk shall comply with IC 5-13-6-4(b).
As added by P.L.1-1997, SEC.6.
IC 31-14-11-14
Duty to furnish Social Security number and employer
information
31-14-11-14 Sec. 14. The custodial parent and the noncustodial
parent shall furnish the following information to the clerk of the
court at the time of the issuance or modification of a child support
order:
(1) The parent's Social Security number.
(2) The name and address of the parent's employer.
As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.9.
IC 31-14-11-15
Notice of change of address, federal assistance, and other
conditions affecting support order
31-14-11-15 Sec. 15. (a) A party affected by a support order shall
inform the clerk and the state central collection unit established by
IC 31-33-1.5-8 of any change of address not more than fifteen (15)
days after the party's address is changed.
(b) At the time of the issuance or modification of a support order,
the parties affected by the order shall inform the clerk and the state
central collection unit established by IC 31-33-1.5-8 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 to Needy Families
(TANF) program (45 CFR 265); 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 used only to carry out the purposes of the Title
IV-D program.
As added by P.L.1-1997, SEC.6. Amended by P.L.213-1999, SEC.10;
P.L.148-2006, SEC.11.
IC 31-14-11-16
Duty of noncustodial parent to furnish employer and health
insurance information and Social Security number
31-14-11-16 Sec. 16. In all cases administered by the Title IV-D
agency, the court shall order the noncustodial parent to inform the
Title IV-D agency and the court of:
(1) the name and address of the noncustodial parent's current
employer;
(2) specific health insurance policy information, including
access to health insurance plans; and
(3) the Social Security number of the noncustodial parent.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-17
Funeral expenses
31-14-11-17 Sec. 17. If the child dies while a support order is in
effect, the court may order either or both parents to pay reasonable
funeral expenses.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-18
Termination of child support
31-14-11-18 Sec. 18. The duty to support a child under this article
(or IC 31-6-6.1 before its repeal) ceases when the child becomes
twenty-one (21) years of age unless either of the following
conditions occurs:
(1) The child is emancipated before the child becomes
twenty-one (21) years of age. If this occurs, the child support,
except for educational needs, terminates at the time of
emancipation. However, an order for educational needs may
continue in effect until further order of the court.
(2) The child is incapacitated. If this occurs, the child support
continues during the incapacity or until further order of the
court.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-19
Effect of child's emancipation or death of parent obligated to pay
support
31-14-11-19 Sec. 19. Unless otherwise agreed in writing or
expressly provided in the order, provisions for child support are
terminated by the emancipation of the child, but not by the death of
a parent obligated to pay support.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-20
Death of parent obligated to pay support; modification or
revocation of support
31-14-11-20 Sec. 20. Subject to section 19 of this chapter, if a
parent obligated to pay support dies, the amount of support may be
modified or revoked to the extent just and appropriate under the
circumstances on petition of representatives of the parent's estate.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-21
Claim against parent's estate
31-14-11-21 Sec. 21. Child support that:
(1) the parent was obligated to pay; and
(2) has not been paid at the time of the parent's death;
constitutes a priority claim against the estate.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-22
Collection of arrearages
31-14-11-22 Sec. 22. The obligation of a person to pay child
support arrearages does not terminate when the person's duty to
support a child ceases under section 21 of this chapter (or
IC 31-6-6.1-13(f) before its repeal). The statutes applicable to the
collection of child support obligations apply to the collection of child
support arrearages described in this section.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-23
Termination of child support obligation; fraud or mistake of fact
31-14-11-23 Sec. 23. If a court vacates or has vacated a man's
paternity of a child based on fraud or mistake of fact, the man's child
support obligation, including any arrearage, terminates.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-24
Accounting of future expenditures
31-14-11-24 Sec. 24. After a proper showing of necessity, the
court may order the person receiving child support to provide an
accounting of future expenditures.
As added by P.L.1-1997, SEC.6.
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