Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 5. The remedies in this chapter are in addition to and do not limit other civil or criminal remedies available to the noncustodial parent. [Pre-1997 Recodification Citation: 31-6-6.1-12.1(g).] As added by P.L.1-1997, SEC.6.

Sec. 0.3. This chapter applies to child support ordered in any proceeding, including a dissolution of marriage and a paternity action. As added by P.L.80-2010, SEC.37.

Sec. 0.5. (a) Except as provided in subsection (c), in any proceeding in which a court has ordered, modified, or enforced periodic payments of child support, the court shall include a provision ordering that child support payments be immediately withheld from the income of the ob…

Sec. 16. (a) Except as provided in subsection (b), if the income payor is required to withhold income from more than one (1) obligor under this chapter, the income payor may combine in a single payment the withheld amounts for all obligors who have been ordered to pay to the stat…

Sec. 17. (a) If there is more than one (1) order for withholding against a single obligor under this chapter and the obligor has insufficient disposable earnings to pay the amount required by all the orders, the income payor shall: (1) honor all withholdings to the extent that th…

Sec. 18. The income payor shall: (1) notify: (A) the Title IV-D agency in a case arising under section 2.5 of this chapter; or (B) the court in a case arising under section 0.5, 2, or 5.5 of this chapter; when the obligor ceases to receive income not later than ten (10) days afte…

Sec. 19. If an obligor: (1) is entitled to net income in the form of: (A) severance pay; (B) accumulated sick pay; (C) vacation pay; (D) accumulated commissions; (E) a bonus payment in addition to regular earned income; or (F) other lump sum payment; and (2) owes an amount of chi…

Sec. 2. A court shall lift a stay of implementation of an income withholding order granted under section 0.5(c) of this chapter upon occurrence of one (1) or more of the following: (1) The obligor's support payment becomes delinquent. (2) The obligor requests implementation of th…

Sec. 2.5. (a) If, in a Title IV-D case, an income withholding order has not been issued with a support order under section 0.5 of this chapter, a Title IV-D agency shall: (1) issue an income withholding order as required under IC 31-25-4-17 unless the court has stayed the impleme…

Sec. 2.6. An income withholding order issued under this chapter remains in effect until a child support obligation, including current child support, child support arrearage, medical support, interest, and fees, is paid in full. As added by P.L.103-2007, SEC.26.

Sec. 2.7. (a) The bureau shall: (1) prescribe standard forms for: (A) an income withholding order; and (B) a notice form; and (2) make the forms listed in subdivision (1) available to: (A) a court; (B) a private attorney; (C) an obligor; and (D) an obligee. (b) An income withhold…

Sec. 20. (a) This subsection applies before January 1, 2007. The clerk of the court shall: (1) pay the income forwarded by the income payor to the person entitled to receive child support payments; and (2) maintain records to monitor and document the receipt and payment of income…

Sec. 22. (a) An income withholding order under section 0.5 or 2.5 of this chapter (or IC 31-2-10-7 before its repeal) terminates when both of the following occur: (1) The duty to support a child ceases under IC 31-14 or IC 31-16-2 through IC 31-16-12. (2) No child support arreara…

Sec. 23. (a) If an income payor fails to forward the money required by an income withholding order, the Title IV-D agency shall send the income payor, by certified mail, a notice of failure to comply. If the income payor fails to forward the money required by an income withholdin…

Sec. 23.5. An income payor is not required to vary the income payor's normal pay and distribution cycles in order to comply with this chapter. As added by P.L.80-2010, SEC.43.

Sec. 23.7. An income payor is not subject to civil liability for income withheld and paid to an obligee, the Title IV-D agency, or a state central collection unit in accordance with an income withholding order that appears regular on its face. As added by P.L.80-2010, SEC.44.

Sec. 25. (a) An income payor that: (1) discharges from employment an obligor; (2) refuses to employ an obligor; (3) takes disciplinary action against an obligor employed by the income payor; or (4) otherwise discriminates against an obligor; because of the existence of an income …

Sec. 26. If the Title IV-D agency or the court becomes aware that the obligor has a new income payor after income withholding has been implemented: (1) if the order is an income withholding order implemented under section 2.5 of this chapter, the Title IV-D agency; or (2) if the …

Sec. 27. An income withholding order under this chapter has priority over any secured or unsecured claim on income except claims for federal, state, and local taxes that are required to be withheld for the calendar year in which the income is subject to a withholding order. [Pre-…

Sec. 28. The courts and the Title IV-D agency shall give full faith and credit to income withholding orders that are issued in other states. [Pre-1997 Recodification Citation: 31-2-10-23.] As added by P.L.1-1997, SEC.8.

Sec. 29. (a) The registration of a foreign support order as provided in IC 31-18.5-6 is sufficient for the implementation of an income withholding order by the Title IV-D agency. (b) The Title IV-D agency shall issue a notice in accordance with section 3.5 of this chapter of the …

Sec. 3.5. (a) Except as provided under section 2.5(c) of this chapter, a Title IV-D agency shall issue a notice to withhold income to an obligor when the Title IV-D agency implements an income withholding order under section 2.5(a) or 2.5(b) of this chapter. The notice is suffici…

Sec. 30. A Title IV-D agency or an agent of a Title IV-D agency acting within the scope of the agent's employment is not subject to any civil liability for income withheld and paid to an obligee, the Title IV-D agency, or the state central collection unit in accordance with an in…

Sec. 4.3. (a) An obligor may contest a Title IV-D agency's determination to implement an income withholding order under section 2.5(a) or 2.5(b) of this chapter by making a written application to the Title IV-D agency not more than twenty (20) days after the date the notice is ma…

Sec. 4.5. (a) The bureau shall send notice to an employer, using the National Medical Support Notice described in 45 CFR 303.32, that: (1) a parent ordered to pay support has been ordered to provide insurance coverage as part of the parent's employee benefit plan under IC 31-16-6…

Sec. 5.5. (a) An obligor or an obligee may file a petition to lift a stay of implementation of an income withholding order. (b) If an obligee files a petition under subsection (a), the court shall: (1) set a date for a hearing on the petition; and (2) send a written notice of the…

Sec. 6.5. A court or Title IV-D agency may serve an income withholding order on an income payor by: (1) first class mail; (2) facsimile transmission; or (3) other electronic means approved by the Title IV-D agency. As added by P.L.103-2007, SEC.32.

Sec. 7.5. (a) An income payor that is required to withhold income under this chapter shall: (1) forward income withheld for the payment of current or past due child support as directed by an income withholding order to the state central collection unit at the time that an obligor…

Sec. 1. (a) Except as provided in section 2 of this chapter or IC 31-19-16, if the biological parents of an adopted person are alive, the biological parents are: (1) relieved of all legal duties and obligations to the adopted child; and (2) divested of all rights with respect to …

Sec. 2. (a) If the adoptive parent of a child is married to a biological parent of the child, the parent-child relationship of the biological parent is not affected by the adoption. (b) If the adoptive parent of a child is married to a previous adoptive parent, the parent-child r…

Sec. 1. Appeals may be taken as provided by law. [Pre-1997 Recodification Citation: 31-6-7-17.] As added by P.L.1-1997, SEC.15.

Sec. 1. In every judicial proceeding under this article, the court may appoint for the child a guardian ad litem or a court appointed special advocate, or both, under IC 31-32-3. [Pre-1997 Recodification Citation: 31-6-11-9(a).] As added by P.L.1-1997, SEC.16.

Sec. 2. The guardian ad litem or the court appointed special advocate, or both, shall be given access under IC 31-39 to: (1) all reports relevant to the case; and (2) any reports of examinations of the child's parents or other person responsible for the child's welfare. [Pre-1997…

Sec. 3. Any costs related to the services of a guardian ad litem shall be paid according to IC 31-40. [Pre-1997 Recodification Citation: 31-6-11-9(c).] As added by P.L.1-1997, SEC.16.

Sec. 1. In accordance with federal law, a case plan is required for each child in need of services who is under the supervision of the county as a result of: (1) out-of-home placement; or (2) issuance of a dispositional decree under IC 31-34-20. [Pre-1997 Recodification Citation:…

Sec. 2. The department, after negotiating with: (1) the child's parent, guardian, or custodian; (2) the child, if the child is at least fourteen (14) years of age; and (3) any child representatives selected by the child under section 7 of this chapter; shall complete a child's ca…

Sec. 3. A copy of the completed case plan shall be sent, not later than ten (10) days after the plan's completion, to: (1) the child's parent, guardian, or custodian; (2) the child, if the child is at least fourteen (14) years of age; (3) any child representatives selected by the…

Sec. 4. A child's case plan must be set out in a form prescribed by the department that meets the specifications set by 45 CFR 1356.21. The case plan must include a description and discussion of the following: (1) A permanent plan, or two (2) permanent plans if concurrent plannin…

Sec. 5. Each foster parent of a child and the department shall cooperate in the development of the case plan for the child. The department shall discuss with at least one (1) foster parent of a child the foster parent's role regarding the following: (1) Rehabilitation of the chil…

Sec. 6. (a) This section applies whenever a child who was born out of wedlock is: (1) or is alleged to be a child in need of services; and (2) under the supervision of the department or a local office as a result of a court ordered out-of-home placement. (b) The department or the…

Sec. 7. (a) For a child who is at least fourteen (14) years of age, the department shall consult with the child in the development of the child's case plan or transitional services plan. If the department determines that the child is unable to participate effectively in the devel…

Sec. 1. Any of the following may sign and file a petition for the juvenile court to require the participation of a parent, guardian, or custodian in a program of care, treatment, or rehabilitation for the child: (1) The prosecuting attorney. (2) A probation officer. (3) The depar…

Sec. 2. A petition filed under section 1 of this chapter must be verified. [Pre-1997 Recodification Citation: 31-6-4-17(a) part.] As added by P.L.1-1997, SEC.20.

Sec. 3. A petition seeking participation of a parent, guardian, or custodian must be entitled "In the Matter of the Participation of _________ the Parent, Guardian, or Custodian of _________". The petition must allege the following: (1) That the respondent is the child's parent, …

Sec. 4. (a) The court may hold a hearing on a petition concurrently with any dispositional hearing or with any hearing to modify a dispositional decree. (b) If the order concerns participation of a parent, the juvenile court shall advise the parent that failure to participate as …