CHAPTER 14. ACTIONS FOR SUPPORT OF DEPENDENTS BY DEPENDENT SPOUSE
IC 31-16-14
Chapter 14. Actions for Support of Dependents by DependentSpouse
IC 31-16-14-1
Grounds for bringing action
Sec. 1. (a) A dependent spouse may bring an action in a circuit orsuperior court to obtain support from the other spouse for the benefitof the dependent spouse and the dependent children in the custody ofthe dependent spouse if:
(1) the other spouse has deserted the dependent spouse ordependent children without cause and without sufficientsupport;
(2) the other spouse has:
(A) been convicted of a felony;
(B) been imprisoned; and
(C) left the dependent spouse or dependent children withoutsufficient support;
(3) the other spouse:
(A) becomes incapacitated; or
(B) neglects to provide support for the dependent spouse ordependent children;
because the other spouse is a habitual drunkard;
(4) the other spouse:
(A) joins a sect or denomination that requires a renunciationof the marriage or that forbids the spouses to cohabit ashusband and wife; and
(B) renounces the marriage or refuses to live with thedependent spouse in a marital relationship; or
(5) the other spouse has been adjudged insane.
(b) A dependent spouse may join other persons as codefendantsin an action brought under subsection (a) if the other persons:
(1) are indebted to either spouse; or
(2) have rights, credits, or choses in action that belong to eitherspouse and that are in the possession or control of the otherpersons.
As added by P.L.1-1997, SEC.8.
IC 31-16-14-2
Commencement of action; contents of complaint
Sec. 2. (a) A dependent spouse may bring an action under section1 of this chapter by filing a complaint against the other spouse andagainst other persons who may be joined as codefendants in theaction under section 1(b) of this chapter. The complaint must containthe following:
(1) An allegation of the marriage of the dependent spouse andthe other spouse.
(2) The name and age of each dependent child living with or inthe custody of the dependent spouse.
(3) A statement that the dependent spouse may bring the action
for a reason described in section 1(a) of this chapter.
(4) The most specific possible description of the real andpersonal property of the other spouse that is in Indiana.
(5) An allegation of the probable value of the real and personalproperty of the other spouse that is in Indiana.
(6) The circumstances and mode of life of the dependent spouseand other spouse.
(7) The amount necessary to support the dependent spouse anddependent children.
(b) If other persons are joined as codefendants in the action undersection 1(b) of this chapter, the complaint described in subsection (a)must also contain the following:
(1) An allegation that the other persons:
(A) are indebted to either spouse; or
(B) have rights, credits, or choses in action that belong toeither spouse and that are in the possession or control of theother persons.
(2) An allegation of the amount of indebtedness undersubdivision (1)(A).
(3) An allegation of the value of the rights, credits, and chosesin action described in subdivision (1)(B).
As added by P.L.1-1997, SEC.8.
IC 31-16-14-3
Process
Sec. 3. Process in actions brought under this chapter is the sameas in other civil actions.
As added by P.L.1-1997, SEC.8.
IC 31-16-14-4
Hearing; determination; order to pay money; judicial sale or lease;receivership
Sec. 4. The court shall hold a hearing on the complaint and makea determination. If the court finds that the allegations in thecomplaint are true, the court may do any of the following:
(1) Order the defendant spouse to pay an amount that is just,equitable, and in the best interests of the dependent spouse anddependent children.
(2) Order the defendant spouse's real or personal property, orboth, to be sold to the highest bidder on terms and upon noticeas directed by the court.
(3) Order:
(A) the defendant spouse's real property or a part of thedefendant spouse's real property to be leased; and
(B) the proceeds of the lease to be applied to the support ofthe dependent spouse and dependent children.
(4) Appoint a receiver of the defendant spouse's estate, requirethe receiver to take an oath and obtain a bond, and order thereceiver to:
(A) reduce the estate to possession; (B) collect the defendant spouse's rights, credits, and chosesin action;
(C) manage, sell, mortgage, or lease the defendant spouse'sreal property; and
(D) sell the defendant spouse's personal property.
(5) Order other parties who are joined in the action undersection 1(b) of this chapter to:
(A) pay indebtedness owed to the defendant spouse; or
(B) relinquish possession or control of the defendantspouse's rights, credits, and choses in action or otherproperty;
to provide support for the dependent spouse and dependentchildren.
As added by P.L.1-1997, SEC.8.
IC 31-16-14-5
Dependent spouse's collection of other spouse's debts; lease ormortgage of other spouse's real property; disposition of proceeds
Sec. 5. If the court orders support to be paid under this chapter,the court may, without appointing a receiver, authorize the dependentspouse to:
(1) collect debts owed to the other spouse; and
(2) lease or mortgage any part of the other spouse's realproperty and apply the proceeds of the mortgage or lease to thesupport of the dependent spouse and dependent children.
As added by P.L.1-1997, SEC.8.
IC 31-16-14-6
Action to modify order made under this chapter
Sec. 6. An action to modify an order made under this chapter maybe initiated by filing a complaint and providing notice in accordancewith sections 2 and 3 of this chapter.
As added by P.L.1-1997, SEC.8.
IC 31-16-14-7
Sales of real property
Sec. 7. If real property is sold under this chapter:
(1) the sale must be made by a receiver or commissionerappointed by the court for that purpose;
(2) the sale must be of the entire fee;
(3) the court may confirm the sale;
(4) the court may order deeds;
(5) the court may require the purchaser to:
(A) obtain a mortgage; or
(B) provide security; and
(6) the purchaser's title may not be questioned collaterally if:
(A) the defendant spouse had personal service of process; or
(B) the defendant spouse:
(i) left Indiana or could not be found; and
(ii) received service of process by publication.As added by P.L.1-1997, SEC.8.