CHAPTER 12. ENFORCEMENT OF CHILD SUPPORT ORDERS
IC 31-16-12
Chapter 12. Enforcement of Child Support Orders
IC 31-16-12-1
Enforcement remedies
Sec. 1. Notwithstanding any other law, all orders and awardscontained in a child support decree or an order directing a person topay a child support arrearage may be enforced by:
(1) contempt, including the provisions under section 6 of thischapter;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a courtorder;
except as otherwise provided by IC 31-16-2 through IC 31-16-11 orthis chapter.
As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.11;P.L.123-2001, SEC.2; P.L.39-2002, SEC.1; P.L.148-2006, SEC.17.
IC 31-16-12-2
Delinquent child support payments; interest charges
Sec. 2. The court may, upon a request by the person or agencyentitled to receive child support payments, order interest charges ofnot more than one and one-half percent (1 1/2%) per month to bepaid on any delinquent child support payment. The person or agencymay apply for interest if support payments are not made inaccordance with the support order. Accrued interest charges may becollected in the same manner as support payments under IC 31-16-9.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-3
Arrearages; court orders
Sec. 3. (a) The obligation of a person to pay child supportarrearages does not terminate when the person's duty to support achild ceases under IC 31-16-6-6 (or IC 31-1-11.5-12(e) before itsrepeal). The statutes applicable to the collection of child supportobligations are applicable to the collection of child supportarrearages described in this section.
(b) The court, upon request of a person or an agency entitled toreceive child support payments, may issue an order that contains anyof the following:
(1) A determination of the amount of child support arrearagedue to a person or an agency entitled to receive child supportpayments.
(2) An order directing a person to pay the child supportarrearage.
(3) The schedule and other terms on which a person is to pay achild support arrearage.
(4) Any other provision that the court determines to beappropriate.
An order issued under this subsection is enforceable to the same
extent as an order or award in a child support decree.
As added by P.L.1-1997, SEC.8. Amended by P.L.39-2002, SEC.2.
IC 31-16-12-4
Enforcement of judgment; income withholding order
Sec. 4. Upon application to the court for enforcement of an orderfor support, the court may:
(1) enforce a judgment created under IC 31-16-16-2 (orIC 31-2-11-8 before its repeal) against the person obligated topay support;
(2) issue an income withholding order as provided inIC 31-16-15-0.5; or
(3) implement an income withholding order as provided inIC 31-16-15-2.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.20.
IC 31-16-12-5
Additional remedies
Sec. 5. The enforcement remedies provided under this chapter arein addition to other remedies available for collecting delinquentsupport.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-6
Contempt
Sec. 6. (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. If an action or request to enforcepayment of a child support arrearage 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.
(b) 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.
(c) The court may order a party who is alleged to be in contemptof court under this section to show cause as to why the party shouldnot be held in contempt for violating an order for support. The orderto show cause must set forth:
(1) the contempt allegations;
(2) the failure to pay child support allegations;
(3) when the court issued the order for support;
(4) the party's history of child support payments;
(5) the specific:
(A) date and time when; and (B) place where;
the party is required to show cause in the court; and
(6) the party's arrearage.
As added by P.L.1-1997, SEC.8. Amended by P.L.32-2000, SEC.18;P.L.123-2001, SEC.3; P.L.86-2002, SEC.11; P.L.131-2009, SEC.11.
IC 31-16-12-6.5
Failure to respond to order to show cause; escrow
Sec. 6.5. (a) If a party fails to respond to an order to show causeissued under section 6(c) of this chapter by the date and timespecified in the order to show cause, the court may issue a benchwarrant for the party to be arrested and brought to the court torespond to the order to show cause.
(b) The court must determine an escrow that a party ordered toshow cause under section 6(c) of this chapter is required to depositwith the clerk of the circuit court before the hearing to show cause.If the child support arrearage amount is less than five hundred dollars($500), the court shall set the required escrow at the amount of thearrearage. If the arrearage is more than five hundred dollars ($500),the court shall set the required escrow at not less than five hundreddollars ($500) and not more than one hundred percent (100%) of thearrearage.
(c) All escrow received by a clerk of the circuit court under thissection shall be deposited in a single account. The clerk shall:
(1) keep an accounting of all money deposited in the escrowaccount;
(2) issue a receipt to any person who pays money to the clerkunder this section; and
(3) transfer money out of the escrow account only afterreceiving an order to transfer money issued by the court thatissued the bench warrant.
(d) If a party is arrested under subsection (a), the party shallremain in custody until the hearing to show cause unless the partyposts the escrow amount required in the bench warrant.
(e) If a party is arrested outside the business hours of the clerk ofthe circuit court, the party may post the escrow amount stated in thebench warrant with the arresting officer.
(f) The arresting officer or clerk receiving an escrow amount shallgive the party a receipt for the escrow on a form substantially asfollows:
"Date:_____________________
Escrow received from____________________ (referred to in thisreceipt as respondent) to assure the performance of the respondent'schild support arrearage. The respondent shall appear for a hearing toshow cause at ________(time) on _________(date) at the followingaddress:
_______________________________________________________
_______________________________________________________
(Address to be furnished by respondent for receipt of notice.)
The hearing is for the respondent to answer an order to show cause.
If the respondent is found to be in contempt, further proceedingsrelated to the respondent's contempt may occur.
If the respondent fails to appear at the time and date listed above,fails to submit to the jurisdiction of the court, or fails to abide by thecourt's orders, the Court may direct the Clerk of the Circuit Court todistribute the escrow deposited with the Clerk of the Circuit Courtunder state and federal child support distribution laws.
If the respondent appears at the time and location indicated aboveand the Court determines the respondent owes an arrearage under thesupport order that is the basis of the order to show cause or owes anycosts to the Court, the Court may direct the Clerk of the Circuit Courtto distribute the escrow deposited with the Clerk of the Circuit Courtunder state and federal child support distribution laws.
By depositing the escrow amount and accepting this receipt, therecipient of this receipt waives a claim to the money following aCourt order for distribution of child support.
Printed name and signature of person receiving escrow deposit:______________________
Agency or department of person receiving escrow deposit:__________________________.".
(g) A law enforcement officer who receives escrow money underthis section shall deposit the money with the clerk of the circuit courtthat issued the bench warrant within two (2) business days afterreceiving the escrow money.
(h) If a party is arrested under subsection (a) and cannot post theescrow amount required in the bench warrant, the party is entitled toa hearing within forty-eight (48) hours after the party's arrest,excluding weekends and holidays, if the court is able to hold thehearing within that period. If the court cannot hold a hearing withinforty-eight (48) hours, the court shall review the escrow amountordered in the bench warrant, may modify the escrow amount in thebench warrant to ensure that the party appears at future hearings, andshall set a date for a hearing. At the hearing, the party shall explainto the court why the party cannot post the required escrow depositrequired by the bench warrant. The party shall also respond to thecourt's order to show cause.
(i) If a party fails to appear at a hearing to respond to an order toshow cause issued under this section after the party deposited theescrow amount set in the bench warrant, the court shall order theclerk of the circuit court to distribute the escrow under state andfederal child support distribution laws. The court may also issue anadditional bench warrant under subsection (a) for the party torespond to additional contempt charges.
(j) If a party posts the escrow amount set in a bench warrant, at ahearing to respond to an order to show cause under this section, thecourt shall determine how the escrow amount deposited is to bedistributed under state and federal child distribution laws. If theescrow amount deposited exceeds the arrearage, the party is entitledto a refund.
(k) The court may set aside a finding of contempt under this
section if the court finds, based on the hearing held under thissection, that the party is in compliance with the court's orders.
(l) If a court finds a person to be in contempt of court under thissection, the court may punish the person for contempt of court underIC 34-47.
As added by P.L.131-2009, SEC.12.
IC 31-16-12-7
Suspension of delinquent person's driving privileges
Sec. 7. 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 untilfurther order of the court.
(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.
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006,SEC.234.
IC 31-16-12-8
Suspension or denial of delinquent person's professional license
Sec. 8. 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.8. Amended by P.L.145-2006,SEC.235.
IC 31-16-12-9
Suspension of delinquent person's horse racing commission orgaming commission license
Sec. 9. 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.8. Amended by P.L.145-2006,SEC.236; P.L.80-2010, SEC.34.
IC 31-16-12-10
Suspension, denial, or nonrenewal of delinquent person'sinsurance, recovery, or bail agent's license
Sec. 10. 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 aperson who is the subject of the order.
As added by P.L.1-1997, SEC.8. Amended by P.L.132-2001, SEC.23;P.L.145-2006, SEC.237.
IC 31-16-12-11
Payment of arrearage; stay of order to licensing authority
Sec. 11. Notwithstanding section 7, 8, 9, or 10 of this chapter, thecourt may stay the issuance of an order under section 7, 8, 9, or 10 ofthis chapter (or IC 31-1-11.5-13(j), IC 31-1-11.5-13(k),IC 31-1-11.5-13(l), or IC 31-1-11.5-13(m) before the repeal ofIC 31-1-11.5-13) 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.8. Amended by P.L.103-2007, SEC.21.
IC 31-16-12-12
Registration of child support order
Sec. 12. (a) This section applies if:
(1) the parent who is entitled to receive child support; and
(2) the parent who is ordered to pay child support;
are both present in Indiana.
(b) The parent who is entitled to receive child support mayregister a child support order issued by another Indiana court orforeign court for the sole purpose of enforcement in accordance withIC 31-18-6-1 through IC 31-18-6-8 of the Uniform Interstate Family
Support Act.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-13
Suspension, denial, or nonrenewal of delinquent person'semployee's permit
Sec. 13. 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.35.
IC 31-16-12-14
Due process met for notice and service of process; service incontempt proceedings
Sec. 14. (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.36.