2006 Indiana Code - CHAPTER 2. ACTIONS FOR CHILD SUPPORT

IC 31-16-2
     Chapter 2. Actions for Child Support

IC 31-16-2-1
Applicability of Indiana Rules of Civil Procedure
    31-16-2-1 Sec. 1. Proceedings under this chapter and IC 31-16-3 through IC 31-16-12 must comply with the Indiana Rules of Civil Procedure.
As added by P.L.1-1997, SEC.8.

IC 31-16-2-2
Cause of action established
    31-16-2-2 Sec. 2. A cause of action for child support is established.
As added by P.L.1-1997, SEC.8.

IC 31-16-2-3
Caption; standing
    31-16-2-3 Sec. 3. A proceeding for child support must be commenced by the filing of a petition entitled, "In Re the support of __________". The petition may be filed by any person entitled to receive child support payments.
As added by P.L.1-1997, SEC.8.

IC 31-16-2-4
Verified petition; averments
    31-16-2-4 Sec. 4. A petition for child support:
        (1) must be verified; and
        (2) must set forth the following:
            (A) The relationship of the parties.
            (B) The present residence of each party.
            (C) The names and addresses of:
                (i) each living child less than twenty-one (21) years of age; and
                (ii) each incapacitated child;
            of the marriage.
            (D) The relief sought.
As added by P.L.1-1997, SEC.8.

IC 31-16-2-5
Service of petition and summons
    31-16-2-5 Sec. 5. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the person alleged to be responsible for child support in the same manner as service of summons in civil actions generally.
As added by P.L.1-1997, SEC.8.

IC 31-16-2-6
Residence
    31-16-2-6 Sec. 6. In an action for child support under section 2 of

this chapter, one (1) of the parties must reside in the county at the time of the filing of the action.
As added by P.L.1-1997, SEC.8.

IC 31-16-2-7
Responsive pleading or counter petition
    31-16-2-7 Sec. 7. A responsive pleading or a counter petition may be filed under this chapter or IC 31-16-3 through IC 31-16-12.
As added by P.L.1-1997, SEC.8.

IC 31-16-2-8
Decree; findings; scope
    31-16-2-8 Sec. 8. (a) The court shall enter a decree in an action under section 2 of this chapter when the court finds:
        (1) that there is a duty to support by the person alleged to have the duty;
        (2) that the duty to support has not been fulfilled; and
        (3) that an order should be entered under IC 31-16-6-1.
    (b) The decree may include orders as provided for in IC 31-16-3 through IC 31-16-12.
As added by P.L.1-1997, SEC.8.

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