2014 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 18. FAMILY LAW: UNIFORM INTERSTATE FAMILY SUPPORT ACT CHAPTER 5. DIRECT ENFORCEMENT OF AN ORDER OF ANOTHER STATE WITHOUT REGISTRATION
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IC 31-18-5
Chapter 5. Direct Enforcement of an Order of Another State
Without Registration
IC 31-18-5-1
Recognition of income withholding order of another state
Sec. 1. (a) An income withholding order issued in another state
may be sent by first class mail to the person or entity defined as the
obligor's income payor under Indiana's income withholding law
under IC 31-16-15 without first filing a petition or registering the
order with an Indiana tribunal. Upon receipt of the order, the income
payor shall:
(1) treat an income withholding order issued in another state that
appears regular on its face as if the order had been issued by an
Indiana tribunal;
(2) immediately provide a copy of the order to the obligor; and
(3) distribute the funds as specified in section 1.1 of this
chapter.
(b) An obligor may contest the validity or enforcement of an
income withholding order issued in another state in the same manner
as if the order had been issued by an Indiana tribunal. IC 31-18-6
applies to the contest.
(c) The obligor shall give notice of the contest under this section
to:
(1) any support enforcement agency providing services to the
obligee; and
(2) a person or an agency designated in the income withholding
order to receive payments, or if a person or an agency is not
designated, the obligee.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,
SEC.22.
IC 31-18-5-1.1
Compliance with withholding order
Sec. 1.1. (a) Except as provided in subsection (b) and
IC 31-18-6-2.1, an employer shall withhold and distribute the funds
as directed in a withholding order by complying with the applicable
terms of the order that specify the following:
(1) The duration and the amount of periodic payments of current
child support, stated as a certain sum.
(2) The person or agency designated to receive payments and
the address to which the payments are to be forwarded.
(3) Medical support, whether in the form of periodic cash
payments, stated as a certain sum, or an order to the obligor to
provide health insurance coverage for the child under a policy
available through the obligor's employment.
(4) The amount of periodic payments of fees and costs for a
support enforcement agency, the issuing tribunal, and the
obligee's attorney, stated as a certain sum.
(5) The amount of periodic payments of arrears and interest on
arrears, stated as a certain sum.
(b) The employer shall comply with the law of the state of the
obligor's principal place of employment for withholding from income
with respect to:
(1) the employer's fee for processing an income withholding
order or credit;
(2) the maximum amount permitted to be withheld from the
obligor's income; and
(3) the periods within which the employer must implement the
withholding order and forward the child support payment.
As added by P.L.213-1999, SEC.23.
IC 31-18-5-2
Administrative enforcement of orders
Sec. 2. (a) Whenever enforcement is sought for:
(1) a support order;
(2) an income withholding order; or
(3) both;
issued in a Title IV-D case by a tribunal of another state, documents
required for registering the order may be sent to the Title IV-D
agency of Indiana.
(b) Upon receipt of the documents, the Title IV-D agency, without
initially seeking to register the order, shall consider and, if
appropriate, use any administrative procedure authorized by Indiana
law to enforce a support order or an income withholding order or
both.
(c) If the obligor does not contest administrative enforcement, the
Title IV-D agency is not required to register the order. If no
administrative procedure authorized by Indiana law is used, the Title
IV-D agency shall send the documents required for registering the
order to the appropriate Title IV-D agency.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,
SEC.24.
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