CHAPTER 6. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDERS AFTER REGISTRATION
IC 31-18-6
Chapter 6. Enforcement and Modification of Support Orders After
Registration
IC 31-18-6-1
Registration of order for enforcement
Sec. 1. A support order or an income withholding order issued by
a tribunal of another state may be registered in Indiana for
enforcement.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-2
Procedure to register order for enforcement
Sec. 2. (a) A support order or an income withholding order of
another state may be registered in Indiana by sending the following
documents and information to the appropriate tribunal in Indiana:
(1) A letter of transmittal to the tribunal requesting registration
and enforcement.
(2) Two (2) copies, including one (1) certified copy, of each
order that is required to be registered, including any
modification of an order.
(3) A sworn statement by the party seeking registration or a
certified statement by the custodian of the records showing the
amount of any arrearage.
(4) The name of the obligor and, if known:
(A) the obligor's address and Social Security number;
(B) the name and address of the obligor's employer and any
other source of income of the obligor; and
(C) a description and the location of property of the obligor
in Indiana not exempt from execution.
(5) The name and address of the obligee and, if applicable, the
agency or person to whom support payments must be remitted.
(b) On receipt of a request for registration, the registering tribunal
shall cause the order to be filed as a foreign judgment, together with
one (1) copy of the documents and information, regardless of form.
(c) A petition seeking a remedy that must be affirmatively sought
under other Indiana law may be filed at the same time as the request
for registration or later. The petition must specify the grounds for the
remedy sought.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-2.1
Multiple orders for enforcement
Sec. 2.1. If an obligor's employer receives multiple orders to
withhold support from the earnings of the same obligor, the employer
shall be considered to have satisfied the terms of the multiple orders
if the law of the state of the obligor's principal place of employment
to establish the priorities for withholding and allocating income
withheld from multiple child support obligees is complied with.
As added by P.L.213-1999, SEC.25.
IC 31-18-6-2.2
Immunity from civil liability
Sec. 2.2. An employer who complies with an income withholding
order issued in another state in accordance with this article is not
subject to civil liability to any individual or agency with regard to the
employer's withholding child support from the obligor's income.
As added by P.L.213-1999, SEC.26.
IC 31-18-6-2.3
Penalties
Sec. 2.3. An employer who willfully fails to comply with an
income withholding order issued by another state and received for
enforcement is subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.
As added by P.L.213-1999, SEC.27.
IC 31-18-6-3
Effect of registration for enforcement
Sec. 3. (a) A support order or an income withholding order issued
in another state is registered when the order is filed with the clerk of
the appropriate court.
(b) A registered order issued in another state is:
(1) enforceable in the same manner; and
(2) subject to the same procedures;
as an order issued by an Indiana tribunal.
(c) Except as otherwise provided in this article, an Indiana
tribunal shall recognize and enforce but may not modify a registered
order if the issuing tribunal had jurisdiction.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,
SEC.28.
IC 31-18-6-4
Choice of law
Sec. 4. (a) The law of the issuing state governs the:
(1) nature, extent, amount, and duration of current payments
and other obligations of support; and
(2) payment of arrearages under the order.
(b) In a proceeding for arrearages, the statute of limitations under:
(1) Indiana law; or
(2) the law of the issuing state;
whichever is longer, applies.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-5
Registry of registered foreign support orders
Sec. 5. The clerk of the court shall maintain a registry of
registered foreign support orders:
(1) in an appropriate location for filing the orders; and
(2) in which the clerk shall file foreign support orders.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-6
Requirements for petition for registration
Sec. 6. (a) The petition for registration must:
(1) be verified and set forth:
(A) the amount remaining unpaid; and
(B) a list of any other states in which the support order is
registered; and
(2) have attached to it a certified copy of the support order with
all modifications of the support order.
(b) The registered foreign support order shall be given full force
and effect subject to confirmation or rescission of the order by the
court.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,
SEC.29.
IC 31-18-6-7
Obtaining jurisdiction; defenses; default; adjudication
Sec. 7. (a) The procedure to obtain jurisdiction of the person or
property of the obligor shall be as provided in civil cases. The
obligor may assert any defense available to an action on a foreign
judgment.
(b) If the obligor defaults, the court shall enter an order:
(1) confirming the registered support order; and
(2) determining the amounts remaining unpaid.
(c) If the obligor appears and a hearing is held, the court shall
adjudicate the issues including the amounts remaining unpaid.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-8
Confirmed order precludes further contest
Sec. 8. Confirmation of a registered order, after notice and
hearing, precludes further contest of the order regarding any matter
that could have been asserted at the time of registration.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-9
Procedure to register child support order of another state for
modification
Sec. 9. (a) A party or Title IV-D agent seeking to modify or to
modify and enforce a child support order issued in another state shall
register the order in Indiana in the same manner as provided in
sections 1 through 4 of this chapter if the order has not been
registered.
(b) A petition for modification may be filed at the same time as a
request for registration or later. The petition must specify the
grounds for modification.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-10
Effect of registration for modification
Sec. 10. An Indiana tribunal may enforce a child support order of
another state registered for purposes of modification in the same
manner as if the order had been issued by an Indiana tribunal.
However, the registered order may be modified only if the
requirements of section 11 of this chapter have been met.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-11
Modification of child support order of another state
Sec. 11. (a) After a child support order issued in another state has
been registered in Indiana, unless the provisions of section 13 of this
chapter apply, the responding Indiana tribunal may modify the order
only if, after notice and hearing, the responding tribunal finds that:
(1) the:
(A) child, individual obligee, and obligor do not reside in the
issuing state;
(B) petitioner who is a nonresident of Indiana seeks
modification; and
(C) respondent is subject to the personal jurisdiction of the
Indiana tribunal; or
(2) an individual party or the child is subject to the personal
jurisdiction of the tribunal and all of the individual parties have
filed a written consent in the issuing tribunal providing that an
Indiana tribunal may modify the support order and assume
continuing, exclusive jurisdiction over the order. However, if
the issuing state is a foreign jurisdiction that has not enacted the
Uniform Interstate Family Support Act, the written consent of
the individual party residing in Indiana is not required for the
tribunal to assume jurisdiction to modify the child support
order.
(b) Modification of a registered child support order is subject to
the same requirements, procedures, and defenses that apply to the
modification of an order issued by an Indiana tribunal. The order
may be enforced and satisfied in the same manner.
(c) An Indiana tribunal may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state. If two (2) or more tribunals have issued child support orders
for the same obligor and child, the order that is controlling and must
be recognized under the provisions of IC 31-18-2-7 establishes the
nonmodifiable aspects of the support order.
(d) Upon the modification of a child support order issued in
another state, an Indiana tribunal becomes the tribunal of continuing,
exclusive jurisdiction.
(e) Not more than thirty (30) days after issuing a modified child
support order, the party obtaining the modification shall file a
certified copy of the order:
(1) with the issuing tribunal that had continuing, exclusive
jurisdiction over the earlier order; and
(2) in each tribunal in which the party knows that the earlier
order has been registered.
(f) Failure of the party obtaining the order to file a certified copy
as required under subsection (e) subjects the party to appropriate
sanctions by a tribunal in which the issue of failure to file arises, but
the failure has no effect on the validity or enforceability of the
modified order of the new tribunal of continuing, exclusive
jurisdiction.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,
SEC.30.
IC 31-18-6-12
Recognition of order modified in another state
Sec. 12. An Indiana tribunal shall recognize a modification of its
earlier child support order by a tribunal of another state that assumed
jurisdiction under a law substantially similar to this article. Upon
request, except as otherwise provided in this article, the Indiana
tribunal shall do the following:
(1) Enforce the order that was modified only as to amounts
accruing before the modification.
(2) Enforce only nonmodifiable aspects of the order.
(3) Provide other appropriate relief only 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.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-13
Jurisdiction to enforce issuing state's order
Sec. 13. (a) If all of the individual parties reside in Indiana and the
child does not reside in the issuing state, an Indiana tribunal has
jurisdiction to enforce and to modify the issuing state's child support
order in a proceeding to register the order.
(b) An Indiana tribunal exercising jurisdiction as provided in this
section shall apply the provisions of IC 31-18-1, IC 31-18-2, and this
chapter to the enforcement or modification proceeding. If the
conditions of subsection (a) exist, IC 31-18-3 through IC 31-18-5,
IC 31-18-7, and IC 31-18-8 do not apply, and the tribunal shall apply
the procedural and substantive law of Indiana.
As added by P.L.213-1999, SEC.31.