2013 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 4. UNEMPLOYMENT COMPENSATION SYSTEM
CHAPTER 39. DEDUCTION OF CHILD SUPPORT OBLIGATIONS
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IC 22-4-39
Chapter 39. Deduction of Child Support Obligations
IC 22-4-39-1
Definitions
Sec. 1. As used in this chapter:
(1) "Child support obligations" includes only obligations which
are being enforced pursuant to a plan described in Section 454 of the
Social Security Act which has been approved by the Secretary of
Health and Human Services under Title IV-D of the Social Security
Act.
(2) "Legal process" means a writ, an order, a summons, or other
process in the nature of garnishment that is issued by:
(A) a court with jurisdiction in a state, territory, or possession
of the United States;
(B) a court with jurisdiction in a foreign country with which the
United States has entered into an agreement that requires the
United States to honor the process; or
(C) an authorized official acting under an order of a court with
jurisdiction or under state or local law.
(3) "State or local child support enforcement agency" means any
agency of any state or a political subdivision of the state operating
pursuant to a plan described in subdivision (1).
(4) "Unemployment compensation" means any compensation
payable under this article (including amounts payable by the
department pursuant to an agreement under any federal law
providing for compensation, assistance, or allowances with respect
to unemployment).
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987,
SEC.102; P.L.235-1999, SEC.12.
IC 22-4-39-2
Disclosure of obligations; notification of child support enforcement
agency
Sec. 2. An individual filing a new claim for unemployment
compensation shall, at the time of filing the claim, disclose whether
the individual owes child support obligations as defined in section 1
of this chapter. If the individual discloses that the individual owes
child support obligations and is determined to be eligible for
unemployment compensation, the department shall notify the state or
local child support enforcement agency enforcing that obligation that
the individual has been determined to be eligible for unemployment
compensation.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987,
SEC.103.
IC 22-4-39-3
Deductions; amount
Sec. 3. The department shall deduct and withhold from any
unemployment compensation payable to an individual that owes
child support obligations:
(1) the amount specified by the individual to the department to
be deducted and withheld under this section, if neither
subdivision (2) nor (3) is applicable;
(2) the amount (if any) determined pursuant to an agreement
submitted to the department under Section 454(20)(B)(1) of the
Social Security Act by the state or local child support
enforcement agency, unless subdivision (3) is applicable; or
(3) any amount otherwise required to be so deducted and
withheld from the unemployment compensation pursuant to
legal process properly served upon the department.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987,
SEC.104; P.L.235-1999, SEC.13.
IC 22-4-39-4
Deductions; payment to child support enforcement agency
Sec. 4. (a) Any amount deducted and withheld under section 3 of
this chapter shall be paid by the department to the appropriate state
or local child support enforcement agency.
(b) Any amount deducted and withheld under section 3 of this
chapter shall for all purposes be treated as if it were paid to the
individual as unemployment compensation and paid by the individual
to the state or local child support enforcement agency as a payment
on the individual's child support obligations.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987,
SEC.105.
IC 22-4-39-5
Application of chapter
Sec. 5. This chapter applies only if appropriate arrangements have
been made for reimbursement by the state or local child support
enforcement agency for the administrative costs incurred by the
department under this chapter which are attributable to child support
obligations being enforced by the state or local child support
enforcement agency.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987,
SEC.106.
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