2006 Indiana Code - CHAPTER 20. TRANSFER OF JURISDICTION OVER SUPPORT ORDERS

IC 31-16-20
     Chapter 20. Transfer of Jurisdiction Over Support Orders

IC 31-16-20-1
Application of chapter
    31-16-20-1 Sec. 1. This chapter applies whenever:
        (1) there is pending in an Indiana court an order requiring a parent to make regular payments for the support of the parent's children:
            (A) subsequent to the dissolution of the marriage of the parents of the children;
            (B) as a result of a paternity action under IC 31-14 (or IC 31-6-6.1 before its repeal);
            (C) as a result of a legal separation action under IC 31-15-3; or
            (D) as a result of a child support action under IC 31-16-2; and
        (2) it is shown to the court in which the order is pending that:
            (A) the parent or other person rightfully having custody of the children is residing in a different county in Indiana from the county in which the:
                (i) dissolution;
                (ii) order under IC 31-14 (or IC 31-6-6.1 before its repeal);
                (iii) order under IC 31-15-3; or
                (iv) order under IC 31-16-2;
            was obtained;
            (B) the other parent of the children:
                (i) no longer resides; or
                (ii) is not regularly found;
            in the county in which the dissolution, order under IC 31-14 (or IC 31-6-6.1 before its repeal), order under IC 31-15-3, or order under IC 31-16-2 was obtained; and
            (C) it would be in the best interests of the children.
As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.12.

IC 31-16-20-2
Order of transfer of proceedings
    31-16-20-2 Sec. 2. The court may order the proceedings with:
        (1) all papers and files pertaining to the order for support; and
        (2) certified copies of all orders for support;
transferred to the court having jurisdiction over such matters in the county in which the parent or other person having custody of the children is residing.
As added by P.L.1-1997, SEC.8.

IC 31-16-20-3
Acceptance of proceedings by transferee court
    31-16-20-3 Sec. 3. The court to which the proceedings are transferred:
        (1) shall accept the proceedings; and         (2) thereafter has jurisdiction over the children and matters relating to their support by the parent so ordered.
As added by P.L.1-1997, SEC.8.

IC 31-16-20-4
Docket; civil costs fee
    31-16-20-4 Sec. 4. The proceedings that are transferred shall be docketed as other civil matters are docketed, and a civil costs fee as provided in IC 33-37-4-4 shall be collected.
As added by P.L.1-1997, SEC.8. Amended by P.L.98-2004, SEC.102.

IC 31-16-20-5
Hearing requirement; contents of petition; notice
    31-16-20-5 Sec. 5. (a) Except as provided in section 6 of this chapter, the order for the transfer of the proceedings may be made only after a hearing is held on a petition filed by or on behalf of the parent or other person having custody of the children.
    (b) The petition must:
        (1) set forth:
            (A) the facts upon which the petition is based; and
            (B) the reasons for requesting the transfer of the proceedings; and
        (2) be verified.
    (c) Notice shall be issued on the petition to the other parent notifying the other parent of:
        (1) the pendency of the petition; and
        (2) the time and place where the hearing will be heard.
    (d) The hearing court shall:
        (1) advance the hearing on the docket; and
        (2) promptly hold the hearing.
As added by P.L.1-1997, SEC.8.

IC 31-16-20-6
Transfer without notice and hearing
    31-16-20-6 Sec. 6. A court may enter an order for transfer of the proceedings without notice and a hearing if the petition required under section 5 of this chapter is:
        (1) a joint petition; and
        (2) filed on behalf of and verified by:
            (A) the custodial parent or a person having custody of the children; and
            (B) the noncustodial parent.
As added by P.L.1-1997, SEC.8.

IC 31-16-20-7
Application of chapter; multiple transfers
    31-16-20-7 Sec. 7. (a) This chapter applies to proceedings pending in:
        (1) the court in which the dissolution was obtained; or
        (2) any other court to which the proceedings have been

transferred.
    (b) Any number of transfers may be made, as the best interests of the children require.
As added by P.L.1-1997, SEC.8.