CHAPTER 11. SUPPORT FOLLOWING DETERMINATION OF PATERNITY
IC 31-14-11
Chapter 11. Support Following Determination of Paternity
IC 31-14-11-1
Issuance of paternity and child support order upon execution of
paternity affidavit
Sec. 1. If:
(1) a paternity affidavit is executed under IC 16-37-2-2.1; and
(2) the man who executed the paternity affidavit fails to set
forth evidence at a child support hearing that rebuts the man's
paternity;
an order establishing paternity and child support for the child named
in the paternity affidavit may be obtained at a child support hearing
without any further proceedings to establish the child's paternity.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-1.1
Temporary order for child support
Sec. 1.1. In a paternity proceeding, the court shall issue a
temporary order for child support if there is clear and convincing
evidence that the man involved in the proceeding is the child's
biological father.
As added by P.L.257-1997(ss), SEC.39.
IC 31-14-11-2
Support order; relevant factors; immediate income withholding;
account at financial institution
Sec. 2. (a) The court may order either or both parents to pay any
reasonable amount for child support after considering all relevant
factors, including the following:
(1) The financial resources of the custodial parent.
(2) The standard of living the child would have enjoyed had the
parents been married and remained married to each other.
(3) The physical and mental condition of the child.
(4) The child's educational needs.
(5) The financial resources and needs of the noncustodial
parent.
(b) The court shall order that child support payments ordered
under this section be immediately withheld from the income of the
parent obligated to pay child support as provided under
IC 31-16-15-0.5.
(c) The court shall order a custodial parent or third party under
section 9 of this chapter who receives child support to obtain an
account at a financial institution unless:
(1) the custodial parent or third party files a written objection
before a child support order is issued; and
(2) the court finds that good cause exists to exempt the
custodial parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shall
provide the clerk of the circuit court and the state central collection
unit with an account number and any other information necessary to
transfer funds to the account.
(d) In accordance with its policies, a financial institution may
restrict or deny services to a person ordered to obtain an account
under this section.
As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.6;
P.L.148-2006, SEC.8; P.L.80-2010, SEC.22.
IC 31-14-11-3
Expenses for child's higher education and health care; Title IV-D
fees
Sec. 3. (a) Where appropriate, the support order may include:
(1) money for the child's education beyond grade 12, after the
court has considered:
(A) the child's aptitude and ability;
(B) the child's reasonable ability to contribute to educational
expenses through:
(i) work;
(ii) obtaining loans; and
(iii) obtaining other sources of financial aid reasonably
available to the child and the parent or parents; and
(C) the ability of the parents to meet these expenses;
(2) special medical, hospital, or dental expenses necessary to
serve the best interests of the child;
(3) fees mandated under Title IV-D of the federal Social
Security Act (42 U.S.C. 651 through 669); and
(4) basic health and hospitalization insurance coverage for the
child.
(b) If, however, the Title IV-D agency initiates action to establish
or modify a support obligation and petitions the court to include
basic health and hospitalization insurance coverage in the support
order, the court shall include a provision that requires either parent
or both parents to provide medical support for the child through
health insurance coverage.
(c) In an action initiated by the Title IV-D agency or other parties,
the court shall order either parent or both parents to provide the
insurance coverage for the child if the insurance coverage is
available to the parent at reasonable cost.
As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.7;
P.L.80-2010, SEC.23.
IC 31-14-11-4
Postsecondary education expenses; reduction of other child
support
Sec. 4. If the court orders support for a child's educational
expenses at a postsecondary educational institution under section 3
of this chapter, the court shall reduce other child support for the child
that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
As added by P.L.1-1997, SEC.6. Amended by P.L.2-2007, SEC.358.
IC 31-14-11-5
Date for support obligation to begin
Sec. 5. The support order:
(1) may include the period dating from the birth of the child;
and
(2) must include the period dating from the filing of the
paternity action.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-6
Setting aside parent's property
Sec. 6. The court may set aside any portion of either parent's
property that may be necessary and proper for the support of the
child.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-7
Security, bond, or guarantee of obligation
Sec. 7. The court may provide in:
(1) a support order; or
(2) modification of a support order;
for the security, bond, or other guarantee that is satisfactory to the
court to secure the obligation to make support payments.
As added by P.L.1-1997, SEC.6. Amended by P.L.171-2001, SEC.2.
IC 31-14-11-8
Modification or revocation of support order
Sec. 8. A support order may be modified or revoked upon a
showing:
(1) of a substantial change in circumstances that makes the
terms unreasonable; or
(2) that:
(A) a person has been ordered to pay an amount in child
support that differs by more than twenty percent (20%) from
the amount that would be ordered by applying the child
support guidelines; and
(B) the support order requested to be modified or revoked
was issued at least twelve (12) months before the petition
requesting modification was filed.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-9
Support payments to appropriate person
Sec. 9. The court may order that support payments be made to any
appropriate person.
As added by P.L.1-1997, SEC.6. Amended by P.L.148-2006, SEC.9.
IC 31-14-11-10
Use of support exclusively for child's benefit; Title IV-D
disbursements and fees
Sec. 10. Support payments may be used only for the benefit of the
child. However, if the payments are assigned to the state agency
administering Title IV-D of the federal Social Security Act (42
U.S.C. 651 through 669), the payments shall be disbursed and fees
shall be imposed in accordance with Title IV-D of the federal Social
Security Act (42 U.S.C. 651 through 669).
As added by P.L.1-1997, SEC.6.
IC 31-14-11-11
Clerk or state central collection unit as trustee for remittance
Sec. 11. (a) This subsection applies before January 1, 2007. The
court shall require that child support payments be made through the
clerk of the court or the child support bureau under IC 31-25-3 or
IC 31-25-4 as trustee for remittance to the person entitled to receive
the payments, unless the court has reasonable grounds for providing
or approving another method of payment.
(b) Beginning January 1, 2007, the court shall require that child
support payments:
(1) if paid in cash, be made through the clerk of the court; and
(2) if paid by a noncash method, be made through the state
central collection unit established within the child support
bureau by IC 31-25-3-1;
as trustee for remittance to the person entitled to receive the
payments.
As added by P.L.1-1997, SEC.6. Amended by P.L.257-1997(ss),
SEC.36; P.L.145-2006, SEC.225; P.L.148-2006, SEC.10;
P.L.3-2008, SEC.229.
IC 31-14-11-12
Forwarding of payments to Title IV-D agency
Sec. 12. (a) If the clerk of the court is notified by the Title IV-D
agency or the agency's designee that:
(1) the child who is the beneficiary of a support order is
receiving assistance under the federal Title IV-A assistance
program (42 U.S.C. 601 et seq.); and
(2) an assignment of support rights in favor of the state is in
effect against the person obligated to make child support
payments;
the clerk of the court shall forward the child support payments
directly to the Title IV-D agency without further order of the court.
(b) The Title IV-D agency shall disburse the child support
payments in accordance with federal regulations governing the Title
IV-D program.
As added by P.L.1-1997, SEC.6. Amended by P.L.257-1997(ss),
SEC.37.
IC 31-14-11-13
Records; accounting
Sec. 13. (a) The clerk shall maintain records listing the following:
(1) The amount of child support payments.
(2) The date when child support payments must be made.
(3) The names and addresses of the parties affected by the
order.
(4) The information required to be submitted to the clerk by
sections 14 and 15 of this chapter.
(b) If the clerk elects under IC 5-13-6-4(a) not to follow the
accounting and depository procedures required by IC 5-13-6, the
clerk shall comply with IC 5-13-6-4(b).
As added by P.L.1-1997, SEC.6.
IC 31-14-11-14
Duty to furnish information; exception
Sec. 14. (a) The custodial parent and the noncustodial parent shall
furnish the following information to the clerk of the court for entry
into the Indiana support enforcement tracking system (ISETS) at the
time of the issuance or modification of a child support order:
(1) Except as provided in subsection (b), the parent's:
(A) Social Security number;
(B) current residence and mailing address;
(C) telephone numbers;
(D) date of birth; and
(E) driver's license number.
(2) The name and address of the parent's employer.
(b) An individual certified as a program participant in the address
confidentiality program under IC 5-26.5 is not required to provide
the individual's current residence and mailing address if the
individual provides an address designated by the office of the
attorney general under IC 5-26.5 as the individual's current residence
and mailing address.
As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.9;
P.L.80-2010, SEC.24.
IC 31-14-11-15
Notice of change of address, federal assistance, and other
conditions affecting support order
Sec. 15. (a) A party affected by a support order shall inform the
clerk and the state central collection unit established within the child
support bureau by IC 31-25-3-1 of any change of address not more
than fifteen (15) days after the party's address is changed.
(b) At the time of the issuance or modification of a support order,
the parties affected by the order shall inform the clerk and the state
central collection unit established within the child support bureau by
IC 31-25-3-1 of:
(1) whether any of the parties is receiving or has received
assistance under the:
(A) federal Aid to Families with Dependent Children
program (42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance for Needy Families
(TANF) program (45 CFR 260 et seq.); and
(2) the Social Security number of any child affected by the
order.
The Social Security number required under subdivision (2) shall be
kept confidential and used only to carry out the purposes of the Title
IV-D program.
As added by P.L.1-1997, SEC.6. Amended by P.L.213-1999, SEC.10;
P.L.148-2006, SEC.11; P.L.1-2007, SEC.191; P.L.3-2008, SEC.230;
P.L.1-2009, SEC.157.
IC 31-14-11-16
Duty of noncustodial parent to furnish employer and health
insurance information and Social Security number
Sec. 16. In all cases administered by the Title IV-D agency, the
court shall order the noncustodial parent to inform the Title IV-D
agency and the court of:
(1) the name and address of the noncustodial parent's current
employer;
(2) specific health insurance policy information, including
access to health insurance plans; and
(3) the Social Security number of the noncustodial parent.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-17
Funeral expenses
Sec. 17. If the child dies while a support order is in effect, the
court may order either or both parents to pay reasonable funeral
expenses.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-18
Termination of child support
Sec. 18. The duty to support a child under this article (or
IC 31-6-6.1 before its repeal) ceases when the child becomes
twenty-one (21) years of age unless either of the following
conditions occurs:
(1) The child is emancipated before the child becomes
twenty-one (21) years of age. If this occurs, the child support,
except for educational needs, terminates at the time of
emancipation. However, an order for educational needs may
continue in effect until further order of the court.
(2) The child is incapacitated. If this occurs, the child support
continues during the incapacity or until further order of the
court.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-19
Effect of child's emancipation or death of parent obligated to pay
support
Sec. 19. Unless otherwise agreed in writing or expressly provided
in the order, provisions for child support are terminated by the
emancipation of the child, but not by the death of a parent obligated
to pay support.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-20
Death of parent obligated to pay support; modification or
revocation of support
Sec. 20. Subject to section 19 of this chapter, if a parent obligated
to pay support dies, the amount of support may be modified or
revoked to the extent just and appropriate under the circumstances on
petition of representatives of the parent's estate.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-21
Claim against parent's estate
Sec. 21. Child support that:
(1) the parent was obligated to pay; and
(2) has not been paid at the time of the parent's death;
constitutes a priority claim against the estate.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-22
Collection of arrearages
Sec. 22. The obligation of a person to pay child support arrearages
does not terminate when the person's duty to support a child ceases
under section 21 of this chapter (or IC 31-6-6.1-13(f) before its
repeal). The statutes applicable to the collection of child support
obligations apply to the collection of child support arrearages
described in this section.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-23
Termination of child support obligation; fraud or mistake of fact
Sec. 23. If a court vacates or has vacated a man's paternity of a
child based on fraud or mistake of fact, the man's child support
obligation, including any arrearage, terminates.
As added by P.L.1-1997, SEC.6.
IC 31-14-11-24
Accounting of future expenditures
Sec. 24. After a proper showing of necessity, the court may order
the person receiving child support to provide an accounting of future
expenditures.
As added by P.L.1-1997, SEC.6.