CHAPTER 11. INDIANA CHILD CUSTODY AND SUPPORT ADVISORY COMMITTEE
IC 33-24-11
Chapter 11. Indiana Child Custody and Support Advisory
Committee
IC 33-24-11-1
Establishment of committee; membership; appointments
Sec. 1. (a) The Indiana child custody and support advisory
committee is established. The committee consists of twelve (12)
members as follows:
(1) One (1) judge or magistrate whose jurisdiction and caseload
includes domestic relations.
(2) One (1) attorney admitted to the practice of law in Indiana
who conducts at least fifty percent (50%) of the attorney's
practice in the area of domestic relations.
(3) Eight (8) members of the general assembly, with the
members chosen from the standing committees that consider
child custody and support matters.
(4) A custodial parent.
(5) A noncustodial parent.
(b) The appointments under subsection (a)(3) must include the
following:
(1) Four (4) members from the senate, with not more than two
(2) from the same political party and not more than two (2) of
the same gender.
(2) Four (4) members from the house of representatives, with
not more than two (2) from the same political party and not
more than two (2) of the same gender.
(c) Appointments of the committee members shall be made as
follows:
(1) The speaker of the house of representatives shall appoint the
members under subsection (a)(1) and (a)(4) and the four (4)
members from the house of representatives under subsection
(a)(3).
(2) The president pro tempore of the senate shall appoint the
members under subsection (a)(2) and (a)(5) and the four (4)
members from the senate under subsection (a)(3).
(d) The members appointed under subsection (a)(1) and (a)(2)
must be of opposite gender.
(e) The members appointed under subsection (a)(4) and (a)(5)
must be of opposite gender.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-2
Term of appointment; vacancies
Sec. 2. (a) An appointment under section 1 of this chapter is for
a two (2) year term. A term begins August 1 of a year and an
appointment required to be made that year shall be made before
August 2.
(b) If a vacancy occurs, the vacancy shall be filled from the same
group that was represented by the outgoing member. The new
member serves for the remainder of the unexpired term.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-3
Designation of chairperson
Sec. 3. The chairman of the legislative council shall designate a
member to serve as chairperson of the committee.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-4
Compensation and expenses
Sec. 4. (a) A member of the committee who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) A member of the committee who is a state employee but is not
a member of the general assembly is entitled to reimbursement for
traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(c) A member of the committee who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on an
interim study committee established by the legislative council.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-5
Meetings
Sec. 5. The committee shall meet at the call of the chairperson.
The committee may meet any number of times during the year.
However, the committee may not be compensated for more than four
(4) meetings during a year.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-6
Review of child support guidelines and items relating to children's
welfare; recommendations
Sec. 6. (a) The committee shall review the child support
guidelines adopted by the supreme court. The committee shall make
recommendations, if appropriate, concerning any amendments to the
guidelines. In reviewing the guidelines and formulating
recommendations, the committee shall consider all relevant matters,
including the following:
(1) The mathematics pertaining to the child support guideline
chart.
(2) The actual costs of supporting a child.
(3) Whether it is appropriate to calculate child support guideline
amounts based primarily upon the ability of the parent to pay
rather than the financial needs of the child.
(4) Equality of child support awards for the children of the
parties, regardless of birth order.
(5) A mechanism that may be employed to modify the amount
of support to be paid due to a change in financial circumstances
or a change in the number of children being supported by either
parent.
(6) The age of a child to the extent that the child may require
different amounts of support at different ages.
(7) Clarification regarding under what circumstances, if any,
support may be abated.
(8) A mechanism that may be employed to ensure that the
guidelines are applied flexibly.
(9) The application of the guidelines to a split custody situation.
(10) Whether it is appropriate to base child support guidelines
upon the premise that the child should enjoy the same standard
of living that the child would have enjoyed if the family
remained intact.
(b) In addition to the duties set forth in subsection (a), the
committee shall review custody and educational expenses and other
items relating to the welfare of a child of a family that is no longer
intact.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-7
Reports
Sec. 7. The committee shall submit a report to the supreme court
administrator and to the legislative services agency not later than
August 1 of each year. The report to the legislative services agency
must be in an electronic format under IC 5-14-6.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-8
Distribution of reports
Sec. 8. The supreme court administrator shall distribute the report
to the members of the supreme court.
As added by P.L.98-2004, SEC.3.
IC 33-24-11-9
Supreme court review of report
Sec. 9. The supreme court shall review the committee's report.
The supreme court may amend the child support guidelines adopted
by the supreme court based upon the committee's recommendations.
As added by P.L.98-2004, SEC.3.