CHAPTER 12. ENFORCEMENT OF SUPPORT ORDER FOLLOWING DETERMINATION OF PATERNITY
IC 31-14-12
Chapter 12. Enforcement of Support Order FollowingDetermination of Paternity
IC 31-14-12-1
Delinquent child support payments; interest charges
Sec. 1. (a) A court may, upon application by a person or anagency entitled to receive child support payments ordered by thecourt, order interest charges equal to one and one-half percent (1.5%)per month to be paid on any delinquent child support payment thatoccurs. The person or agency may apply for interest:
(1) at the time the support order is issued or modified; or
(2) whenever support payments are not made in accordancewith the support order.
(b) Interest charges may be collected in the same manner assupport payments.
As added by P.L.1-1997, SEC.6.
IC 31-14-12-2
Enforcement of judgment; income withholding order
Sec. 2. Upon application for enforcement of a support order, thecourt may:
(1) enforce a judgment created under IC 31-16-16-2 (orIC 31-2-11-8 before its repeal) for the unpaid amount;
(2) issue an income withholding order as provided inIC 31-16-15-0.5; or
(3) implement an existing income withholding order asprovided in IC 31-16-15-2.
As added by P.L.1-1997, SEC.6. Amended by P.L.103-2007, SEC.15.
IC 31-14-12-2.5
State income tax setoff; delinquent child support
Sec. 2.5. (a) This section does not apply to a support order enteredin a Title IV-D case.
(b) A custodial parent may, under IC 31-16-12.5, seek a setoff ofthe state income tax refund of a child support obligor against whoma child support order was entered under IC 31-14-11.
(c) A custodial parent may not be charged a fee to seek a setoff ofa state income tax refund as described in subsection (b).
As added by P.L.27-2004, SEC.3. Amended by P.L.103-2007,SEC.16.
IC 31-14-12-3
Contempt
Sec. 3. (a) If the court finds that a party is delinquent as a resultof an intentional violation of an order for support, the court may findthe party in contempt of court.
(b) If an action or request to enforce payment of a child supportarrearage 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 personor agency entitled to receive child support arrearages, find a party incontempt of court.
(c) The court may order a party who is found in contempt of courtunder this section to:
(1) perform community restitution or service withoutcompensation in a manner specified by the court; or
(2) seek employment.
As added by P.L.1-1997, SEC.6. Amended by P.L.32-2000, SEC.16;P.L.123-2001, SEC.1; P.L.86-2002, SEC.8.
IC 31-14-12-4
Suspension of delinquent person's driving privileges
Sec. 4. If a court finds that a person is delinquent (as defined inIC 31-25-4-2) as a result of an intentional violation of an order forsupport, the court shall issue an order to the bureau of motorvehicles:
(1) stating that the person is delinquent; and
(2) ordering the following:
(A) If the person who is the subject of the order holds adriving license or permit on the date of issuance of the order,that the driving privileges of the person be suspended untilthe bureau receives a further order of the courtrecommending reinstatement.
(B) If the person who is the subject of the order does nothold a driving license or permit on the date of issuance ofthe order, that the bureau may not issue a driving license orpermit to the person until the bureau receives a further orderof the court recommending issuance.
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006,SEC.226.
IC 31-14-12-5
Suspension or denial of delinquent person's professional license
Sec. 5. If a court finds that a person who is an applicant (asdefined 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 inIC 31-25-4-2) as a result of an intentional violation of an order forsupport, the court shall issue an order to the board regulating thepractice of the person's profession or occupation:
(1) requiring that the person's or practitioner's license besuspended until further order of the court; or
(2) ordering the board not to issue a license to the person whois the subject of the order if the person does not currently holda license.
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006,SEC.227.
IC 31-14-12-6 Suspension of delinquent person's horse racing commission orgaming commission license
Sec. 6. If a court finds that a person who holds a license issuedunder IC 4-31-6, IC 4-33, or IC 4-35 is delinquent (as defined inIC 31-25-4-2) as a result of an intentional violation of an order forchild support, the court shall issue an order to:
(1) the Indiana horse racing commission if the person holds alicense issued under IC 4-31-6; or
(2) the Indiana gaming commission if the person holds a licenseissued under IC 4-33 or IC 4-35;
requiring that the person's license be suspended until further order ofthe court.
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006,SEC.228; P.L.80-2010, SEC.25.
IC 31-14-12-7
Suspension, denial, or nonrenewal of delinquent person'sinsurance, recovery, or bail agent's license
Sec. 7. If a court finds that a person who holds a license or whois 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 ofan intentional violation of an order for child support, the court shallissue an order to the commissioner of the department of insurance:
(1) requiring that the person's license be suspended until furtherorder of the court;
(2) ordering the commissioner not to issue a license to theperson who is the subject of the order if the person does notcurrently hold a license; or
(3) ordering the commissioner not to renew the license of theperson who is the subject of the order.
As added by P.L.1-1997, SEC.6. Amended by P.L.132-2001, SEC.22;P.L.145-2006, SEC.229.
IC 31-14-12-8
Provision of information regarding delinquent person to licensingauthority
Sec. 8. The Title IV-D agency shall provide the full name, date ofbirth, verified address, and Social Security number or driving licensenumber of the person who is the subject of an order under:
(1) section 4 of this chapter to the bureau of motor vehicles;
(2) section 5 of this chapter to the board regulating the person'sprofession or occupation;
(3) section 6 of this chapter to the Indiana horse racingcommission or the Indiana gaming commission; and
(4) section 7 of this chapter to the commissioner of thedepartment of insurance.
As added by P.L.1-1997, SEC.6.
IC 31-14-12-9
Payment of arrearage; stay of order to licensing authority Sec. 9. Notwithstanding section 4, 5, 6, or 7 of this chapter, thecourt may stay issuance of an order under section 4, 5, 6, or 7 of thischapter (or IC 31-6-6.1-16(j), IC 31-6-6.1-16(k), IC 31-6-6.1-16(l),or IC 31-6-6.1-16(m) before the repeal of IC 31-6-6.1-16) if:
(1) the person pays the child support arrearage in full; or
(2) an income withholding order under IC 31-16-15 (orIC 31-2-10 before its repeal) is implemented and a paymentplan to pay the arrearage is established.
As added by P.L.1-1997, SEC.6. Amended by P.L.103-2007, SEC.17.
IC 31-14-12-10
Suspension, denial, or nonrenewal of delinquent person'semployee's permit
Sec. 10. If a court finds that a person who holds or has applied foran 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 ofan order for child support, the court shall issue an order to thealcohol and tobacco commission that:
(1) requires the person's employee's permit be suspended untilfurther order of the court;
(2) orders the chairman of the alcohol and tobacco commissionnot to issue an employee's permit to the person who is thesubject of the order if the person does not currently hold anemployee's permit; or
(3) orders the chairman of the alcohol and tobacco commissionnot to renew the employee's permit of the person who is thesubject of the order.
As added by P.L.80-2010, SEC.26.
IC 31-14-12-11
Due process met for notice and service of process; service incontempt proceedings
Sec. 11. (a) Except as otherwise provided in subsection (b), in anysubsequent child support enforcement action between the parties,upon sufficient showing that diligent effort has been made toascertain the location of the party by a prosecuting attorney, privateattorney, or private entity operating under an agreement or contractdescribed in IC 31-25-4-13.1, the court or administrative agency withjurisdiction shall deem state due process requirements for notice andservice of process to be met with respect to the party required toprovide notice, upon mailing of written notice to the other party atthe most recent residential or employer address that is filed with theclerk or state central collection unit.
(b) IC 34-47-4 applies to service of an order directing an obligorto appear in a contempt proceeding.
As added by P.L.80-2010, SEC.27.