Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 1. If the department determines that the best interests of the child require action in the juvenile or criminal court, the department shall: (1) refer the case to the juvenile court under IC 31-34-7; or (2) make a referral to the prosecuting attorney if criminal prosecution …

Sec. 2. The department shall assist the juvenile court or the court having criminal jurisdiction during all stages of the proceedings in accordance with the purposes of this article. [Pre-1997 Recodification Citation: 31-6-11-11(r).] As added by P.L.1-1997, SEC.16. Amended by P.L…

Sec. 3. If: (1) the department determines that the best interests of the child require intervention by the department or action in the juvenile or criminal court; and (2) a parent, guardian, or custodian of the child is an active duty member of the military; the department may se…

Sec. 1. This chapter applies to an action to determine whether a child is a child in need of services under: (1) IC 31-34-1-1 through IC 31-34-1-6; (2) IC 31-34-1-10; or (3) IC 31-34-1-11. [Pre-1997 Recodification Citation: 31-6-16-1 part.] As added by P.L.1-1997, SEC.17. Amended…

Sec. 2. On the motion of the attorney for the department, the court may order that: (1) the testimony of a child be taken in a room other than the courtroom and be transmitted to the courtroom by closed circuit television; and (2) the questioning of the child by the parties be tr…

Sec. 3. On the motion of the attorney for the department, the court may order that the testimony of a child be videotaped for use at proceedings to determine whether a child or a whole or half blood sibling of the child is a child in need of services. [Pre-1997 Recodification Cit…

Sec. 4. The court may not make an order under section 2 or 3 of this chapter unless: (1) the testimony to be taken is the testimony of a child who at the time of the trial is: (A) less than fourteen (14) years of age; or (B) at least fourteen (14) years of age but less than eight…

Sec. 5. If the court makes an order under section 2 of this chapter, only the following persons may be in the same room as the child during the child's testimony: (1) Persons necessary to operate the closed circuit television equipment. (2) Persons whose presence the court finds …

Sec. 6. If the court makes an order under section 3 of this chapter, only the following persons may be in the same room as the child during the child's videotaped testimony: (1) The judge. (2) The attorney for the department. (3) The attorney for each party. (4) Persons necessary…

Sec. 7. If the court makes an order under section 2 or 3 of this chapter, only the following persons may question the child: (1) The attorney for the department. (2) The attorneys for the parties. (3) The judge. [Pre-1997 Recodification Citation: 31-6-16-7 part.] As added by P.L.…

Sec. 1. A finding by a juvenile court that a child committed a delinquent act, or that an adult committed a crime, must be based upon proof beyond a reasonable doubt. [Pre-1997 Recodification Citation: 31-6-7-13(a) part.] As added by P.L.1-1997, SEC.20.

Sec. 2. A finding in a proceeding to terminate parental rights must be based upon clear and convincing evidence. [Pre-1997 Recodification Citation: 31-6-7-13(a) part.] As added by P.L.1-1997, SEC.20.

Sec. 3. A finding not covered by section 1 or 2 of this chapter must be based upon a preponderance of the evidence. [Pre-1997 Recodification Citation: 31-6-7-13(a) part.] As added by P.L.1-1997, SEC.20.

Sec. 1. (a) This chapter applies in a judicial circuit in which a majority of the judges of the circuit and superior courts determine that: (1) the social conditions of the county; and (2) the number of domestic relations cases in the courts; make the procedures described in IC 3…

Sec. 2. If the judges of a judicial circuit make the determination described in section 1 of this chapter, the judges shall designate by joint order one (1) or more of the judges in the judicial circuit to hear cases under this chapter. A judge designated under this section may h…

Sec. 3. A court exercising the jurisdiction described in section 2 of this chapter may be designated as a domestic relations court. As added by P.L.80-2006, SEC.2.

Sec. 4. A court designated as a domestic relations court under section 3 of this chapter has the jurisdiction and special powers described in IC 31-12-1-4. A court designated as a domestic relations court under this chapter, IC 31-12-1, or IC 31-12-2 retains jurisdiction to hear …

Sec. 5. (a) If a judge appointed to act as judge of the domestic relations court is: (1) on vacation; (2) absent; or (3) for any reason unable to perform the judge's duties; a majority of the judges of the superior and circuit courts may appoint another of the judges to act as ju…

Sec. 6. IC 31-12-1-6 through IC 31-12-1-16 apply to a domestic relations court established under this chapter. As added by P.L.80-2006, SEC.2.

Sec. 7. (a) The judges of the circuit and superior courts may appoint: (1) a director of domestic relations counseling; or (2) at least one (1) counselor under this chapter or under IC 31-12-1. (b) A counselor described in subsection (a)(2) or the organization led by the director…

Sec. 1. A bond required under this article to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order must: (1) be in writing; and (2) be secured by: (A) at least one (1) resident freehold surety; or (B) a commercial insura…

Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form: STATE OF INDIANA ) ) SS: COUNTY OF __________________ ) ) ) IN THE MATTER OF: ) ) Name of Parent (As the Principal) ) Name of Parent (As the Obligee) ) ) CHILD: ) Name of Ch…

Sec. 3. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article may only be used to: (1) reimburse the nonviolating par…

Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article that are not applied to the expenses described in secti…

Sec. 1. A noncustodial parent who: (1) has been granted parenting time rights with a child who lives with the custodial parent; (2) regularly pays support ordered by a court for the child; and (3) is barred by a custodial parent from exercising parenting time rights ordered for t…

Sec. 2. (a) If: (1) an application for an injunction is filed under this chapter (or IC 31-6-6.1-12.1 before its repeal); and (2) the noncustodial parent submits an affidavit as described in subsection (b); the court may grant, without notice, a temporary restraining order restra…

Sec. 3. (a) This section does not apply to an order under IC 31-14-13-6.5 or IC 31-14-14-2.5. (b) A court may not require an applicant for a temporary restraining order or an injunction under this chapter (or IC 31-6-6.1-12.1 before its repeal) to give security. [Pre-1997 Recodif…

Sec. 4. A court that finds a violation without justifiable cause by a custodial parent of an injunction or a temporary restraining order issued under this chapter (or IC 31-6-6.1-12.1 before its repeal): (1) shall find the custodial parent in contempt of court; (2) shall order th…

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 …