2021 Indiana Code
Title 31. Family Law and Juvenile Law
Article 16. Family Law: Support of Children and Other Dependents
Chapter 12.5. Seizure of State Income Tax Refunds for Delinquent Child Support
31-16-12.5-2. Petition; Procedure; Intervention

Sec. 2. (a) A custodial parent may file a petition for a setoff of child support from a state income tax refund payable to a child support obligor in:

(1) the court that entered the original child support order; or

(2) a court of competent jurisdiction located in the county of residence of the custodial parent.

(b) The petition must be verified and must include all of the following:

(1) The full name of:

(A) the obligor;

(B) the custodial parent; and

(C) each child to whom the obligor owes child support.

(2) An averment that:

(A) the obligor's aggregate child support arrearage on the date the petition is filed is at least one thousand five hundred dollars ($1,500); and

(B) the obligor has intentionally violated the terms of the most recent child support order.

(3) An indication of whether the custodial parent:

(A) has received or is receiving assistance under the Title IV-A program; or

(B) has assigned child support payments under IC 12-14-7-1;

during the period for which child support is owed by the obligor.

(c) The court shall notify the child support bureau of the department of the pendency of an action under this chapter if the petition:

(1) indicates under subsection (b)(3)(A) that the custodial parent has received or is receiving assistance; or

(2) indicates under subsection (b)(3)(B) that an assignment has occurred.

(d) The state has a right to intervene as a party in a hearing under this chapter if the custodial parent has received or is receiving assistance as described in subsection (b)(3)(A) or if an assignment as described in subsection (b)(3)(B) has occurred.

As added by P.L.27-2004, SEC.4. Amended by P.L.145-2006, SEC.238.