CHAPTER 2. JURISDICTION
IC 31-18-2
Chapter 2. Jurisdiction
IC 31-18-2-1
Basis for jurisdiction over nonresident
Sec. 1. In a proceeding to establish, enforce, or modify a support
order or to determine paternity, an Indiana tribunal may exercise
personal jurisdiction over a nonresident individual or the individual's
guardian or conservator if:
(1) the individual is personally served with notice in Indiana;
(2) the individual submits to the jurisdiction of Indiana by:
(A) consent;
(B) entering an appearance, except for the purpose of
contesting jurisdiction; or
(C) filing a responsive document having the effect of
waiving contest to personal jurisdiction;
(3) the individual resided in Indiana with the child;
(4) the individual resided in Indiana and has provided prenatal
expenses or support for the child;
(5) the child resides in Indiana as a result of the acts or
directives of the individual;
(6) the individual engaged in sexual intercourse in Indiana and
the child:
(A) has been conceived by the act of intercourse; or
(B) may have been conceived by the act of intercourse if the
proceeding is to establish paternity;
(7) the individual asserted paternity of the child in the putative
father registry administered by the state department of health
under IC 31-19-5; or
(8) there is any other basis consistent with the Constitution of
the State of Indiana and the Constitution of the United States
for the exercise of personal jurisdiction.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-2
Procedure when exercising jurisdiction over nonresident
Sec. 2. An Indiana tribunal exercising personal jurisdiction over
a nonresident under section 1 of this chapter may apply:
(1) IC 31-18-3-16 to receive evidence from another state
(special rules of evidence established by this article regarding
long arm jurisdiction cases); and
(2) IC 31-18-3-18 to obtain discovery assistance through a
tribunal of another state (special rules of procedure established
by this article for obtaining discovery in long arm jurisdiction
cases). In all other respects, the tribunal shall apply the
procedural and substantive law of Indiana, including the rules
on choice of law other than those established by this article.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-3
Initiating and responding tribunals
Sec. 3. An Indiana tribunal may serve as:
(1) an initiating tribunal under this article to forward
proceedings to another state; and
(2) a responding tribunal for proceedings initiated in another
state.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-4
Simultaneous proceedings in another state
Sec. 4. (a) An Indiana tribunal may exercise jurisdiction to
establish a support order if the petition is filed after a petition or
comparable pleading is filed in another state only if:
(1) the petition is filed in Indiana before the expiration of the
time allowed in the other state for filing a responsive pleading
challenging the exercise of jurisdiction by the other state;
(2) the contesting party timely challenges the exercise of
jurisdiction in the other state; and
(3) Indiana is the home state of the child, if relevant.
(b) An Indiana tribunal may not exercise jurisdiction to establish
a support order if the petition is filed before a petition or comparable
pleading is filed in another state if:
(1) the petition or comparable pleading in the other state is filed
before the expiration of the time allowed in Indiana for filing a
responsive pleading challenging the exercise of jurisdiction by
Indiana;
(2) the contesting party timely challenges the exercise of
jurisdiction in Indiana; and
(3) the other state is the home state of the child, if relevant.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-5
Continuing exclusive jurisdiction
Sec. 5. (a) An Indiana tribunal that issues a support order
consistent with Indiana law has continuing, exclusive jurisdiction
over a child support order:
(1) if Indiana remains the residence of the:
(A) obligor;
(B) individual obligee; or
(C) child for whose benefit the support order is issued; or
(2) until each individual party has filed written consent with the
Indiana tribunal for a tribunal of another state to modify the
order and assume continuing, exclusive jurisdiction.
Nothing in this section is intended to divest a court of jurisdiction to
enforce a judgment that has been previously issued in favor of any
party, including any state or to prevent a Title IV-D agency or its
agents from collecting on a judgment previously issued through a
judicial or an administrative proceeding.
(b) An Indiana tribunal that issues a child support order consistent
with Indiana law may not exercise its continuing jurisdiction to
modify the order if the order has been modified by a tribunal of
another state that has exercised continuing, exclusive jurisdiction
over the order under a law substantially similar to this article.
(c) If an Indiana child support order is modified by a tribunal of
another state under a law substantially similar to this article, the
Indiana tribunal:
(1) loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in Indiana; and
(2) may only:
(1) Enforce the order that was modified concerning amounts
accruing before the modification.
(2) Enforce nonmodifiable aspects of that order.
(3) Provide other appropriate relief for a violation of the
order that occurred before the effective date of the
modification.
(4) Recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
(d) An Indiana tribunal shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state that has issued a child
support order under a law substantially similar to this article.
(e) A temporary support order issued ex parte or a pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
(f) An Indiana tribunal that issues a support order consistent with
Indiana law has continuing, exclusive jurisdiction over a spousal
support order throughout the existence of the support obligation. An
Indiana tribunal may not modify a spousal support order issued by a
tribunal of another state having continuing, exclusive jurisdiction
over the order under the law of the other state.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-6
Enforcement and modification of support order by tribunal having
continuing jurisdiction
Sec. 6. (a) An Indiana tribunal may serve as an initiating tribunal
to request a tribunal of another state to enforce or modify a support
order issued in that other state.
(b) An Indiana tribunal having continuing, exclusive jurisdiction
over a support order may act as a responding tribunal to enforce or
modify the order. If a party subject to the continuing, exclusive
jurisdiction of the tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply:
(1) IC 31-18-3-16 regarding receiving evidence from another
state; and
(2) IC 31-18-3-18 regarding obtaining discovery through a
tribunal of another state.
(c) An Indiana tribunal that lacks continuing, exclusive
jurisdiction over a spousal support order may not serve as a
responding tribunal to modify a spousal support order of another
state.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-7
Recognition of child support orders
Sec. 7. (a) If a proceeding is brought under this article and one (1)
or more child support orders have been issued in Indiana or another
state with regard to an obligor and a child, an Indiana tribunal shall
apply the following rules in determining which order to recognize for
purposes of continuing, exclusive jurisdiction:
(1) If only one (1) tribunal has issued a child support order, the
order of that tribunal is controlling and must be recognized.
(2) If two (2) or more tribunals have issued child support orders
for the same obligor and child, and only one (1) of the tribunals
has continuing, exclusive jurisdiction in accordance with this
article, the order of that tribunal is controlling and must be
recognized.
(3) If two (2) or more tribunals have issued child support orders
for the same obligor and child, and more than one (1) of the
tribunals has continuing, exclusive jurisdiction in accordance
with this article, an order issued by a tribunal in the current
home state of the child must be recognized. However, if an
order has not been issued in the current home state of the child,
the order most recently issued must be recognized.
(4) If two (2) or more tribunals have issued child support orders
for the same obligor and child, and none of the tribunals has
continuing, exclusive jurisdiction in accordance with this
article, the Indiana tribunal shall issue a child support order that
is controlling and must be recognized.
(b) The tribunal that has issued an order recognized under
subsection (a) is the tribunal having continuing, exclusive
jurisdiction.
(c) If two (2) or more child support orders have been issued for
the same obligor and child and if the obligor or the individual obligee
resides in Indiana, a party may request an Indiana tribunal to
determine which order controls and must be recognized under
subsection (a). The request must be accompanied by a certified copy
of all support orders in effect. Each party whose rights may be
affected by a determination of the controlling order must be given
notice of the request for that determination.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,
SEC.18.
IC 31-18-2-7.5
Determination of identity of controlling child support order
Sec. 7.5. (a) An Indiana tribunal that:
(1) determines by order the identity of the controlling child
support order under section 7(a)(1), 7(a)(2), or 7(a)(3) of this
chapter; or
(2) issues a new controlling child support order under section
7(a)(4) of this chapter;
shall include in that order the basis upon which the tribunal made the
determination.
(b) Not later than thirty (30) days after issuance of the order
determining the identity of the controlling order, the party obtaining
the order shall file a certified copy of the order with each tribunal
that has issued or registered an earlier order of child support. Failure
of the party obtaining the order to file a certified copy as required
subjects the party to appropriate sanctions by a tribunal in which the
issue of failure to file arises. However, the failure has no effect on
the validity or enforceability of the controlling order.
As added by P.L.213-1999, SEC.19.
IC 31-18-2-8
Multiple child support orders for two or more obligees
Sec. 8. In responding to multiple registrations or petitions for
enforcement of two (2) or more child support orders in effect at the
same time regarding:
(1) the same obligor; and
(2) different individual obligees;
at least one (1) of which was issued by a tribunal of another state, an
Indiana tribunal shall enforce the orders in the same manner as if the
multiple orders had been issued by an Indiana tribunal.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-9
Credit for payments
Sec. 9. Amounts collected and credited for a period as the result
of a support order issued by a tribunal of another state must be
credited against the amounts accruing or accrued for the same period
under a support order issued by an Indiana tribunal.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-10
Authority to transfer and initiate petition to responding
jurisdiction
Sec. 10. For purposes of this article, the Title IV-D agency or its
agents have the authority to transfer and initiate a petition to a
responding jurisdiction.
As added by P.L.1-1997, SEC.10.