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 ofpaternity 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 setforth evidence at a child support hearing that rebuts the man'spaternity;
an order establishing paternity and child support for the child namedin the paternity affidavit may be obtained at a child support hearingwithout 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 atemporary order for child support if there is clear and convincingevidence that the man involved in the proceeding is the child'sbiological 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 anyreasonable amount for child support after considering all relevantfactors, including the following:
        (1) The financial resources of the custodial parent.
        (2) The standard of living the child would have enjoyed had theparents 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 noncustodialparent.
    (b) The court shall order that child support payments orderedunder this section be immediately withheld from the income of theparent obligated to pay child support as provided underIC 31-16-15-0.5.
    (c) The court shall order a custodial parent or third party undersection 9 of this chapter who receives child support to obtain anaccount at a financial institution unless:
        (1) the custodial parent or third party files a written objectionbefore a child support order is issued; and
        (2) the court finds that good cause exists to exempt thecustodial parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shallprovide the clerk of the circuit court and the state central collection

unit with an account number and any other information necessary totransfer funds to the account.
    (d) In accordance with its policies, a financial institution mayrestrict or deny services to a person ordered to obtain an accountunder 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-Dfees
    Sec. 3. (a) Where appropriate, the support order may include:
        (1) money for the child's education beyond grade 12, after thecourt has considered:
            (A) the child's aptitude and ability;
            (B) the child's reasonable ability to contribute to educationalexpenses through:
                (i) work;
                (ii) obtaining loans; and
                (iii) obtaining other sources of financial aid reasonablyavailable 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 toserve the best interests of the child;
        (3) fees mandated under Title IV-D of the federal SocialSecurity Act (42 U.S.C. 651 through 669); and
        (4) basic health and hospitalization insurance coverage for thechild.
    (b) If, however, the Title IV-D agency initiates action to establishor modify a support obligation and petitions the court to includebasic health and hospitalization insurance coverage in the supportorder, the court shall include a provision that requires either parentor both parents to provide medical support for the child throughhealth 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 theinsurance coverage for the child if the insurance coverage isavailable 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 childsupport
    Sec. 4. If the court orders support for a child's educationalexpenses at a postsecondary educational institution under section 3of this chapter, the court shall reduce other child support for the childthat:
        (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 thepaternity 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'sproperty that may be necessary and proper for the support of thechild.
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 thecourt 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 ashowing:
        (1) of a substantial change in circumstances that makes theterms unreasonable; or
        (2) that:
            (A) a person has been ordered to pay an amount in childsupport that differs by more than twenty percent (20%) fromthe amount that would be ordered by applying the childsupport guidelines; and
            (B) the support order requested to be modified or revokedwas issued at least twelve (12) months before the petitionrequesting 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 anyappropriate 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-Ddisbursements and fees
    Sec. 10. Support payments may be used only for the benefit of thechild. However, if the payments are assigned to the state agencyadministering Title IV-D of the federal Social Security Act (42U.S.C. 651 through 669), the payments shall be disbursed and feesshall be imposed in accordance with Title IV-D of the federal SocialSecurity 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. Thecourt shall require that child support payments be made through theclerk of the court or the child support bureau under IC 31-25-3 orIC 31-25-4 as trustee for remittance to the person entitled to receivethe payments, unless the court has reasonable grounds for providingor approving another method of payment.
    (b) Beginning January 1, 2007, the court shall require that childsupport 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 statecentral collection unit established within the child supportbureau by IC 31-25-3-1;
as trustee for remittance to the person entitled to receive thepayments.
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-Dagency or the agency's designee that:
        (1) the child who is the beneficiary of a support order isreceiving assistance under the federal Title IV-A assistanceprogram (42 U.S.C. 601 et seq.); and
        (2) an assignment of support rights in favor of the state is ineffect against the person obligated to make child supportpayments;
the clerk of the court shall forward the child support paymentsdirectly to the Title IV-D agency without further order of the court.
    (b) The Title IV-D agency shall disburse the child supportpayments in accordance with federal regulations governing the TitleIV-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 theorder.
        (4) The information required to be submitted to the clerk bysections 14 and 15 of this chapter.
    (b) If the clerk elects under IC 5-13-6-4(a) not to follow theaccounting and depository procedures required by IC 5-13-6, theclerk 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 shallfurnish the following information to the clerk of the court for entryinto the Indiana support enforcement tracking system (ISETS) at thetime 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 addressconfidentiality program under IC 5-26.5 is not required to providethe individual's current residence and mailing address if theindividual provides an address designated by the office of theattorney general under IC 5-26.5 as the individual's current residenceand 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 otherconditions affecting support order
    Sec. 15. (a) A party affected by a support order shall inform theclerk and the state central collection unit established within the childsupport bureau by IC 31-25-3-1 of any change of address not morethan 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 statecentral collection unit established within the child support bureau byIC 31-25-3-1 of:
        (1) whether any of the parties is receiving or has receivedassistance under the:
            (A) federal Aid to Families with Dependent Childrenprogram (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 theorder.
The Social Security number required under subdivision (2) shall bekept confidential and used only to carry out the purposes of the TitleIV-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 healthinsurance information and Social Security number
    Sec. 16. In all cases administered by the Title IV-D agency, thecourt shall order the noncustodial parent to inform the Title IV-Dagency and the court of:
        (1) the name and address of the noncustodial parent's currentemployer;
        (2) specific health insurance policy information, includingaccess 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, thecourt may order either or both parents to pay reasonable funeralexpenses.
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 (orIC 31-6-6.1 before its repeal) ceases when the child becomestwenty-one (21) years of age unless either of the followingconditions occurs:
        (1) The child is emancipated before the child becomestwenty-one (21) years of age. If this occurs, the child support,except for educational needs, terminates at the time ofemancipation. However, an order for educational needs maycontinue in effect until further order of the court.
        (2) The child is incapacitated. If this occurs, the child supportcontinues during the incapacity or until further order of thecourt.
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 paysupport
    Sec. 19. Unless otherwise agreed in writing or expressly provided

in the order, provisions for child support are terminated by theemancipation of the child, but not by the death of a parent obligatedto pay support.
As added by P.L.1-1997, SEC.6.

IC 31-14-11-20
Death of parent obligated to pay support; modification orrevocation of support
    Sec. 20. Subject to section 19 of this chapter, if a parent obligatedto pay support dies, the amount of support may be modified orrevoked to the extent just and appropriate under the circumstances onpetition 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 arrearagesdoes not terminate when the person's duty to support a child ceasesunder section 21 of this chapter (or IC 31-6-6.1-13(f) before itsrepeal). The statutes applicable to the collection of child supportobligations apply to the collection of child support arrearagesdescribed 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 achild based on fraud or mistake of fact, the man's child supportobligation, 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 orderthe person receiving child support to provide an accounting of futureexpenditures.
As added by P.L.1-1997, SEC.6.