2006 Indiana Code - CHAPTER 2. ACTIONS FOR CHILD SUPPORT
IC 31-16-2Chapter 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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