CHAPTER 12. ENFORCEMENT OF CHILD SUPPORT ORDERS
IC 31-16-12
Chapter 12. Enforcement of Child Support Orders
IC 31-16-12-1
Enforcement remedies
Sec. 1. Notwithstanding any other law, all orders and awards
contained in a child support decree or an order directing a person to
pay a child support arrearage may be enforced by:
(1) contempt, including the provisions under section 6 of this
chapter;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court
order;
except as otherwise provided by IC 31-16-2 through IC 31-16-11 or
this chapter.
As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.11;
P.L.123-2001, SEC.2; P.L.39-2002, SEC.1; P.L.148-2006, SEC.17.
IC 31-16-12-2
Delinquent child support payments; interest charges
Sec. 2. The court may, upon a request by the person or agency
entitled to receive child support payments, order interest charges of
not more than one and one-half percent (1 1/2%) per month to be
paid on any delinquent child support payment. The person or agency
may apply for interest if support payments are not made in
accordance with the support order. Accrued interest charges may be
collected in the same manner as support payments under IC 31-16-9.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-3
Arrearages; court orders
Sec. 3. (a) The obligation of a person to pay child support
arrearages does not terminate when the person's duty to support a
child ceases under IC 31-16-6-6 (or IC 31-1-11.5-12(e) before its
repeal). The statutes applicable to the collection of child support
obligations are applicable to the collection of child support
arrearages described in this section.
(b) The court, upon request of a person or an agency entitled to
receive child support payments, may issue an order that contains any
of the following:
(1) A determination of the amount of child support arrearage
due to a person or an agency entitled to receive child support
payments.
(2) An order directing a person to pay the child support
arrearage.
(3) The schedule and other terms on which a person is to pay a
child support arrearage.
(4) Any other provision that the court determines to be
appropriate.
An order issued under this subsection is enforceable to the same
extent as an order or award in a child support decree.
As added by P.L.1-1997, SEC.8. Amended by P.L.39-2002, SEC.2.
IC 31-16-12-4
Enforcement of judgment; income withholding order
Sec. 4. Upon application to the court for enforcement of an order
for support, the court may:
(1) enforce a judgment created under IC 31-16-16-2 (or
IC 31-2-11-8 before its repeal) against the person obligated to
pay support;
(2) issue an income withholding order as provided in
IC 31-16-15-0.5; or
(3) implement an income withholding order as provided in
IC 31-16-15-2.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.20.
IC 31-16-12-5
Additional remedies
Sec. 5. The enforcement remedies provided under this chapter are
in addition to other remedies available for collecting delinquent
support.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-6
Contempt
Sec. 6. (a) If the court finds that a party is delinquent as a result
of an intentional violation of an order for support, the court may find
the party in contempt of court. If an action or request to enforce
payment of a child support arrearage is commenced not later than ten
(10) years after:
(1) the child becomes eighteen (18) years of age; or
(2) the emancipation of the child;
whichever occurs first, the court may, upon a request by the person
or agency entitled to receive child support arrearages, find a party in
contempt of court.
(b) The court may order a party who is found in contempt of court
under this section to:
(1) perform community restitution or service without
compensation in a manner specified by the court; or
(2) seek employment.
(c) The court may order a party who is alleged to be in contempt
of court under this section to show cause as to why the party should
not be held in contempt for violating an order for support. The order
to show cause must set forth:
(1) the contempt allegations;
(2) the failure to pay child support allegations;
(3) when the court issued the order for support;
(4) the party's history of child support payments;
(5) the specific:
(A) date and time when; and
(B) place where;
the party is required to show cause in the court; and
(6) the party's arrearage.
As added by P.L.1-1997, SEC.8. Amended by P.L.32-2000, SEC.18;
P.L.123-2001, SEC.3; P.L.86-2002, SEC.11; P.L.131-2009, SEC.11.
IC 31-16-12-6.5
Failure to respond to order to show cause; escrow
Sec. 6.5. (a) If a party fails to respond to an order to show cause
issued under section 6(c) of this chapter by the date and time
specified in the order to show cause, the court may issue a bench
warrant for the party to be arrested and brought to the court to
respond to the order to show cause.
(b) The court must determine an escrow that a party ordered to
show cause under section 6(c) of this chapter is required to deposit
with the clerk of the circuit court before the hearing to show cause.
If the child support arrearage amount is less than five hundred dollars
($500), the court shall set the required escrow at the amount of the
arrearage. If the arrearage is more than five hundred dollars ($500),
the court shall set the required escrow at not less than five hundred
dollars ($500) and not more than one hundred percent (100%) of the
arrearage.
(c) All escrow received by a clerk of the circuit court under this
section shall be deposited in a single account. The clerk shall:
(1) keep an accounting of all money deposited in the escrow
account;
(2) issue a receipt to any person who pays money to the clerk
under this section; and
(3) transfer money out of the escrow account only after
receiving an order to transfer money issued by the court that
issued the bench warrant.
(d) If a party is arrested under subsection (a), the party shall
remain in custody until the hearing to show cause unless the party
posts the escrow amount required in the bench warrant.
(e) If a party is arrested outside the business hours of the clerk of
the circuit court, the party may post the escrow amount stated in the
bench warrant with the arresting officer.
(f) The arresting officer or clerk receiving an escrow amount shall
give the party a receipt for the escrow on a form substantially as
follows:
"Date:_____________________
Escrow received from____________________ (referred to in this
receipt as respondent) to assure the performance of the respondent's
child support arrearage. The respondent shall appear for a hearing to
show cause at ________(time) on _________(date) at the following
address:
_______________________________________________________
_______________________________________________________
(Address to be furnished by respondent for receipt of notice.)
The hearing is for the respondent to answer an order to show cause.
If the respondent is found to be in contempt, further proceedings
related to the respondent's contempt may occur.
If the respondent fails to appear at the time and date listed above,
fails to submit to the jurisdiction of the court, or fails to abide by the
court's orders, the Court may direct the Clerk of the Circuit Court to
distribute the escrow deposited with the Clerk of the Circuit Court
under state and federal child support distribution laws.
If the respondent appears at the time and location indicated above
and the Court determines the respondent owes an arrearage under the
support order that is the basis of the order to show cause or owes any
costs to the Court, the Court may direct the Clerk of the Circuit Court
to distribute the escrow deposited with the Clerk of the Circuit Court
under state and federal child support distribution laws.
By depositing the escrow amount and accepting this receipt, the
recipient of this receipt waives a claim to the money following a
Court order for distribution of child support.
Printed name and signature of person receiving escrow deposit:
______________________
Agency or department of person receiving escrow deposit:
__________________________.".
(g) A law enforcement officer who receives escrow money under
this section shall deposit the money with the clerk of the circuit court
that issued the bench warrant within two (2) business days after
receiving the escrow money.
(h) If a party is arrested under subsection (a) and cannot post the
escrow amount required in the bench warrant, the party is entitled to
a hearing within forty-eight (48) hours after the party's arrest,
excluding weekends and holidays, if the court is able to hold the
hearing within that period. If the court cannot hold a hearing within
forty-eight (48) hours, the court shall review the escrow amount
ordered in the bench warrant, may modify the escrow amount in the
bench warrant to ensure that the party appears at future hearings, and
shall set a date for a hearing. At the hearing, the party shall explain
to the court why the party cannot post the required escrow deposit
required by the bench warrant. The party shall also respond to the
court's order to show cause.
(i) If a party fails to appear at a hearing to respond to an order to
show cause issued under this section after the party deposited the
escrow amount set in the bench warrant, the court shall order the
clerk of the circuit court to distribute the escrow under state and
federal child support distribution laws. The court may also issue an
additional bench warrant under subsection (a) for the party to
respond to additional contempt charges.
(j) If a party posts the escrow amount set in a bench warrant, at a
hearing to respond to an order to show cause under this section, the
court shall determine how the escrow amount deposited is to be
distributed under state and federal child distribution laws. If the
escrow amount deposited exceeds the arrearage, the party is entitled
to a refund.
(k) The court may set aside a finding of contempt under this
section if the court finds, based on the hearing held under this
section, that the party is in compliance with the court's orders.
(l) If a court finds a person to be in contempt of court under this
section, the court may punish the person for contempt of court under
IC 34-47.
As added by P.L.131-2009, SEC.12.
IC 31-16-12-7
Suspension of delinquent person's driving privileges
Sec. 7. If a court finds that a person is delinquent (as defined in
IC 31-25-4-2) as a result of an intentional violation of an order for
support, the court shall issue an order to the bureau of motor
vehicles:
(1) stating that the person is delinquent; and
(2) ordering the following:
(A) If the person who is the subject of the order holds a
driving license or permit on the date of issuance of the order,
that the driving privileges of the person be suspended until
further order of the court.
(B) If the person who is the subject of the order does not
hold a driving license or permit on the date of issuance of
the order, that the bureau may not issue a driving license or
permit to the person until the bureau receives a further order
of the court.
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006,
SEC.234.
IC 31-16-12-8
Suspension or denial of delinquent person's professional license
Sec. 8. If a court finds that a person who is an applicant (as
defined in IC 25-1-1.2-1), a practitioner (as defined in IC 25-1-1.2-6),
an attorney, or a licensed teacher is delinquent (as defined in
IC 31-25-4-2) as a result of an intentional violation of an order for
support, the court shall issue an order to the board regulating the
practice of the person's profession or occupation:
(1) requiring that the person's or practitioner's license be
suspended until further order of the court; or
(2) ordering the board not to issue a license to the person who
is the subject of the order if the person does not currently hold
a license.
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006,
SEC.235.
IC 31-16-12-9
Suspension of delinquent person's horse racing commission or
gaming commission license
Sec. 9. If a court finds that a person who holds a license issued
under IC 4-31-6, IC 4-33, or IC 4-35 is delinquent (as defined in
IC 31-25-4-2) as a result of an intentional violation of an order for
child support, the court shall issue an order to:
(1) the Indiana horse racing commission if the person holds a
license issued under IC 4-31-6; or
(2) the Indiana gaming commission if the person holds a license
issued under IC 4-33 or IC 4-35;
requiring that the person's license be suspended until further order of
the court.
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006,
SEC.236; P.L.80-2010, SEC.34.
IC 31-16-12-10
Suspension, denial, or nonrenewal of delinquent person's
insurance, recovery, or bail agent's license
Sec. 10. If a court finds that a person who holds a license or who
is an applicant for a license issued under IC 27-1-15.6, IC 27-1-15.8,
or IC 27-10-3 is delinquent (as defined in IC 31-25-4-2) as a result of
an intentional violation of an order for child support, the court shall
issue an order to the commissioner of the department of insurance:
(1) requiring that the person's license be suspended until further
order of the court;
(2) ordering the commissioner not to issue a license to the
person who is the subject of the order if the person does not
currently hold a license; or
(3) ordering the commissioner not to renew the license of a
person who is the subject of the order.
As added by P.L.1-1997, SEC.8. Amended by P.L.132-2001, SEC.23;
P.L.145-2006, SEC.237.
IC 31-16-12-11
Payment of arrearage; stay of order to licensing authority
Sec. 11. Notwithstanding section 7, 8, 9, or 10 of this chapter, the
court may stay the issuance of an order under section 7, 8, 9, or 10 of
this chapter (or IC 31-1-11.5-13(j), IC 31-1-11.5-13(k),
IC 31-1-11.5-13(l), or IC 31-1-11.5-13(m) before the repeal of
IC 31-1-11.5-13) if:
(1) the person pays the child support arrearage in full; or
(2) an income withholding order under IC 31-16-15 (or
IC 31-2-10 before its repeal) is implemented and a payment
plan to pay the arrearage is established.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.21.
IC 31-16-12-12
Registration of child support order
Sec. 12. (a) This section applies if:
(1) the parent who is entitled to receive child support; and
(2) the parent who is ordered to pay child support;
are both present in Indiana.
(b) The parent who is entitled to receive child support may
register a child support order issued by another Indiana court or
foreign court for the sole purpose of enforcement in accordance with
IC 31-18-6-1 through IC 31-18-6-8 of the Uniform Interstate Family
Support Act.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-13
Suspension, denial, or nonrenewal of delinquent person's
employee's permit
Sec. 13. If a court finds that a person who holds or has applied for
an employee's permit issued under IC 7.1-3-18-9(a)(3) is delinquent
(as defined in IC 31-25-4-2) as a result of an intentional violation of
an order for child support, the court shall issue an order to the
alcohol and tobacco commission that:
(1) requires the person's employee's permit be suspended until
further order of the court;
(2) orders the chairman of the alcohol and tobacco commission
not to issue an employee's permit to the person who is the
subject of the order if the person does not currently hold an
employee's permit; or
(3) orders the chairman of the alcohol and tobacco commission
not to renew the employee's permit of the person who is the
subject of the order.
As added by P.L.80-2010, SEC.35.
IC 31-16-12-14
Due process met for notice and service of process; service in
contempt proceedings
Sec. 14. (a) Except as otherwise provided in subsection (b), in any
subsequent child support enforcement action between the parties,
upon sufficient showing that diligent effort has been made to
ascertain the location of the party by a prosecuting attorney, private
attorney, or private entity operating under an agreement or contract
described in IC 31-25-4-13.1, the court or administrative agency with
jurisdiction shall deem state due process requirements for notice and
service of process to be met with respect to the party required to
provide notice, upon mailing of written notice to the other party at
the most recent residential or employer address that is filed with the
clerk or state central collection unit.
(b) IC 34-47-4 applies to service of an order directing an obligor
to appear in a contempt proceeding.
As added by P.L.80-2010, SEC.36.