CHAPTER 15. CHILD SUPPORT INCOME WITHHOLDING ORDERS
IC 31-16-15
Chapter 15. Child Support Income Withholding Orders
IC 31-16-15-0.3
Application
Sec. 0.3. This chapter applies to child support ordered in anyproceeding, including a dissolution of marriage and a paternityaction.
As added by P.L.80-2010, SEC.37.
IC 31-16-15-0.5
Income withholding orders; stay
Sec. 0.5. (a) Except as provided in subsection (c), in anyproceeding in which a court has ordered, modified, or enforcedperiodic payments of child support, the court shall include aprovision ordering that child support payments be immediatelywithheld from the income of the obligor in an amount necessary tocomply with the support order, including amounts for current childsupport obligations, child support arrearage, medical support,interest, and fees.
(b) Except as provided in subsection (c), a court or Title IV-Dagency shall implement an order for immediate income withholdingunder subsection (a):
(1) if the address of the obligor's income payor is known, notmore than fifteen (15) calendar days after the date of theissuance of a support order; or
(2) if the address of the obligor's income payor is not known,not more than fifteen (15) calendar days after the date theaddress of the obligor's income payor becomes known.
(c) A court may stay implementation of an income withholdingorder only if one (1) or more of the following occurs:
(1) One (1) of the parties demonstrates and the court finds goodcause not to order immediate income withholding by finding allof the following:
(A) A stay of implementation of the income withholdingorder is in the best interests of the child.
(B) The obligor has a history of substantially uninterrupted,full, and timely child support payments, other than paymentsmade through an income withholding order or anothermandatory process of previously ordered child support,during the previous twelve (12) months.
(C) The court issues a written finding that an incomewithholding order would cause an extraordinary hardship onthe obligor.
(2) The parties submit a written agreement that:
(A) meets the requirements under subsection (d);
(B) is approved by the court; and
(C) is entered into the record of the court.
(d) A written agreement described in subsection (c)(2) must meetthe following requirements: (1) Contain the following:
(A) A statement that an income withholding order is notimplemented immediately but that an income withholdingorder will be implemented if the:
(i) obligor's child support and arrearage payments becomedelinquent; or
(ii) obligor requests implementation of the incomewithholding order.
(B) A detailed description of an alternative paymentarrangement between the parties to ensure the timelypayment of child support.
(2) Contain a provision that the obligor shall provide currentinformation to the court concerning the following:
(A) The name, address, and telephone number of theobligor's place of employment.
(B) Any health coverage available to the obligor as a benefitof employment or maintained by the obligor, includinginformation on the:
(i) name of the carrier (as defined in IC 27-8-10-1);
(ii) health insurance policy, certificate, or contractnumber; and
(iii) if applicable, names and birth dates of the persons forwhose benefit the obligor maintains health coverage underthe health insurance policy, certificate, or contract.
(e) If possible, the court shall specify the date on which a stay ofimplementation of the income withholding order terminatesautomatically.
(f) In Title IV-D cases in which periodic payments of childsupport are ordered, modified, or enforced, the court shall order theobligor to inform the Title IV-D agency of the:
(1) name and address of the obligor's current income payor;
(2) obligor's access to health insurance coverage; and
(3) if applicable, obligor's health insurance policy information.
As added by P.L.103-2007, SEC.23. Amended by P.L.80-2010,SEC.38.
IC 31-16-15-1
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-2
Lifting stay of implementation of income withholding order
Sec. 2. A court shall lift a stay of implementation of an incomewithholding order granted under section 0.5(c) of this chapter uponoccurrence of one (1) or more of the following:
(1) The obligor's support payment becomes delinquent.
(2) The obligor requests implementation of the incomewithholding order.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.24.
IC 31-16-15-2.5
Income withholding order issued by Title IV-D agency;implementation
Sec. 2.5. (a) If, in a Title IV-D case, an income withholding orderhas not been issued with a support order under section 0.5 of thischapter, a Title IV-D agency may:
(1) issue an income withholding order with the support order;and
(2) after providing notice under section 3.5 of this chapter,implement the income withholding order unless the court:
(A) stays the implementation of the income withholdingorder under section 0.5(c) of this chapter; and
(B) provides a written finding of the stay in the supportorder.
(b) In a Title IV-D case in which the implementation of an incomewithholding order was stayed under section 0.5(c) of this chapter, theTitle IV-D agency may:
(1) after providing notice under section 3.5 of this chapter, liftthe stay if the obligor's child support and arrearage paymentsare delinquent; or
(2) lift the stay if the obligor requests implementation of theincome withholding order.
(c) In a Title IV-D case, if:
(1) an income withholding order was stayed under section0.5(c) of this chapter; and
(2) an obligor requests the implementation of the incomewithholding order;
the Title IV-D agency is not required to give notice under section 3.5of this chapter before implementing the income withholding order.
(d) An income withholding order issued under subsection (a):
(1) has the same force and effect; and
(2) is enforceable in the same manner;
as an income withholding order issued by a court.
(e) The total amount required to be withheld under an incomewithholding order implemented under this section is the sum of:
(1) the obligor's current child support obligation; plus
(2) the amount of arrearage payment ordered by the court; plus
(3) an additional amount as determined under subsection (f) for:
(A) any arrearage that has not been adjudicated, if noarrearage has been adjudicated previously; or
(B) any additional arrearage that:
(i) has not been adjudicated; and
(ii) accrues since the last adjudication of arrearage by thecourt.
(f) If an obligor subject to an income withholding order is inarrears, unless otherwise ordered by a court, the Title IV-D agencyor its agent may increase the weekly amount withheld as follows:
(1) If the arrearages are at least five hundred dollars ($500) andless than three thousand dollars ($3,000), an additional amountof up to twenty dollars ($20). (2) If the arrearages are at least three thousand dollars ($3,000)and less than five thousand dollars ($5,000), an additionalamount of up to twenty-five dollars ($25).
(3) If the arrearages are at least five thousand dollars ($5,000)and less than ten thousand dollars ($10,000), an additionalamount of up to thirty dollars ($30).
(4) If the arrearages are at least ten thousand dollars ($10,000)and less than fifteen thousand dollars ($15,000), an additionalamount of up to thirty-five dollars ($35).
(5) If the arrearages are at least fifteen thousand dollars($15,000) and less than twenty thousand dollars ($20,000), anadditional amount of up to forty dollars ($40).
(6) If the arrearages are at least twenty thousand dollars($20,000) and less than twenty-five thousand dollars ($25,000),an additional amount of up to forty-five dollars ($45).
(7) If the arrearages are at least twenty-five thousand dollars($25,000), an additional amount of up to fifty dollars ($50).
(g) A court is not bound by and is not required to consider theadditional amounts described in subsection (f) when ordering,modifying, or enforcing periodic payments of child support.
As added by P.L.103-2007, SEC.25.
IC 31-16-15-2.6
Income withholding order; payment in full
Sec. 2.6. An income withholding order issued under this chapterremains in effect until a child support obligation, including currentchild support, child support arrearage, medical support, interest, andfees, is paid in full.
As added by P.L.103-2007, SEC.26.
IC 31-16-15-2.7
Income withholding order; forms
Sec. 2.7. (a) The bureau shall:
(1) prescribe standard forms for:
(A) an income withholding order; and
(B) a notice form; and
(2) make the forms listed in subdivision (1) available to:
(A) a court;
(B) a private attorney;
(C) an obligor; and
(D) an obligee.
(b) An income withholding order under this chapter must beissued in a form substantially similar to the form prescribed undersubsection (a)(1)(A).
(c) An income withholding order form under subsection (a)(1)(A)must contain the following:
(1) The amount of income to be withheld.
(2) A statement that the total amount of income to be withheldis the sum of the following:
(A) The obligor's current child support obligation. (B) The amount of any child support arrearage ordered bythe court.
(C) An additional amount as determined under section 2.5(f)of this chapter for:
(i) any arrearage that has not been adjudicated, if noarrearage has been adjudicated previously; or
(ii) any additional arrearage that has not been adjudicatedand accrues since the last adjudication of arrearage by thecourt.
(D) A fee of two dollars ($2) that must be paid at the incomepayor's option to the income payor each time the incomepayor forwards income to the state central collection unit.
(3) A statement that the total amount withheld under the incomewithholding order plus the fee under subdivision (2)(D) may notexceed the maximum amount permitted under 15 U.S.C.1673(b).
(4) A statement that an income payor shall:
(A) begin withholding income not later than the first paydate after fourteen (14) days following the date the incomewithholding order is received by the income payor; and
(B) report to the state central collection unit the date onwhich the income was withheld from the obligor's income.
(5) A statement that if an income payor is required to withholdincome from more than one (1) obligor, the income payor maycombine the withheld amount of income into a single paymentfor all obligors who are required to make payments to the statecentral collection unit if the income payor identifies the part ofthe single payment that is attributable to each individualobligor.
(6) A statement that if the obligor has:
(A) more than one (1) income withholding order against theobligor; and
(B) insufficient disposable earnings to pay the amount ofincome withholding for all income withholding orders;
an income payor shall honor all withholdings to the extent thatthe total amount withheld does not exceed limits imposed under15 U.S.C. 1673(b).
(7) A statement that the income payor shall distribute thewithheld income pro rata among the persons entitled to receiveincome under the income withholding orders, giving priority toorders for current child support.
(8) A statement that the income payor may not distributeincome as described under subdivision (7) in a manner thatwould result in one (1) of the current child support obligationsnot being honored.
(9) A statement that the income payor shall forward the amountwithheld for current support and any arrears to the state centralcollection unit with a statement identifying the:
(A) cause number for the obligee;
(B) name of the obligor; (C) name of the obligee with the applicable income withheldfor each obligee forwarded from the income payor;
(D) Social Security number of each obligee; and
(E) Indiana support enforcement tracking system (ISETS)number for each obligee.
(10) A statement that the income withholding order is bindingupon the income payor until further notice by the Title IV-Dagency.
(11) A statement that if an income payor:
(A) discharges the obligor from employment;
(B) refuses to employ the obligor;
(C) takes disciplinary action against the obligor employed bythe income payor; or
(D) otherwise discriminates against the obligor;
because of the existence of an income withholding order or theobligations imposed upon the income payor by the incomewithholding order, the income payor is subject to a penalty ofnot more than five thousand dollars ($5,000) payable to thestate and recoverable in a civil action.
(12) A statement that if an income payor fails to withholdincome in accordance with the income withholding order, theincome payor is liable for:
(A) the accumulated amount the income payor should havewithheld from the obligor's income; and
(B) any interest, attorney's fees, and costs.
(13) A statement that an income withholding order under thischapter has priority over any secured or unsecured claim onincome, except for claims for federal, state, and local taxes.
(14) A statement that an income payor must:
(A) notify the Title IV-D agency if the obligor:
(i) ceases employment with; or
(ii) no longer receives income from;
the income payor, not later than ten (10) days after the datethe obligor's employment or income ceases; and
(B) provide the obligor's last known address and the nameand address of the obligor's new income payor, if known, tothe Title IV-D agency.
As added by P.L.103-2007, SEC.27. Amended by P.L.80-2010,SEC.39.
IC 31-16-15-3
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-3.5
Income withholding order; notice
Sec. 3.5. (a) Except as provided under section 2.5(c) of thischapter, a Title IV-D agency shall issue a notice of intent to withholdincome to an obligor before the Title IV-D agency implements anincome withholding order under section 2.5 of this chapter. The
notice is sufficient for all future income withholding until the childsupport obligation is fully satisfied.
(b) The notice under subsection (a) must contain the following:
(1) A statement that an income withholding order will be sentto all current and future income payors.
(2) If applicable, the amount of child support that the obligor isin arrears.
(3) A statement that the income shall be:
(A) withheld by a current and future income payor from theobligor's income for the payment of child support; and
(B) forwarded to the state central collection unit with astatement identifying the:
(i) cause number for the obligee;
(ii) name of the obligor;
(iii) name of the obligee with the applicable incomewithheld for each obligee forwarded from the incomepayor;
(iv) Social Security number of each obligee; and
(v) Indiana support enforcement tracking system (ISETS)number for each obligee.
(4) A statement that the total amount of income to be withheldby the Title IV-D agency under the income withholding orderis the sum of:
(A) the obligor's current child support obligation; plus
(B) the amount of any arrearage payment ordered by thecourt; plus
(C) an additional amount as determined under section 2.5(f)of this chapter for:
(i) any arrearage that has not been adjudicated, if noarrearage has been adjudicated previously; or
(ii) any additional arrearage that has not been adjudicatedand accrues since the last adjudication of arrearage by thecourt; plus
(D) a fee of two dollars ($2), which must be paid at theincome payor's option to the income payor each time theincome payor forwards income to the state central collectionunit.
(5) A statement that:
(A) the total amount withheld under the income withholdingorder may not exceed the maximum amount permitted under15 U.S.C. 1673(b);
(B) the income withholding order applies to the receipt ofany current or subsequent income from a current or futureincome payor;
(C) the obligor may contest the Title IV-D agency'sdetermination to implement an income withholding order bymaking written application to the Title IV-D agency notmore than twenty (20) days after the date the notice underthis section is mailed to the obligor;
(D) the only basis for contesting the implementation of an
income withholding order is a mistake of fact;
(E) if the obligor contests the Title IV-D agency'sdetermination to implement the income withholding order,the Title IV-D agency shall schedule an administrativehearing;
(F) if the obligor does not contest the Title IV-D agency'sdetermination to implement an income withholding orderwithin the period of time required under section 4.3 of thischapter, the Title IV-D agency shall implement the incomewithholding order;
(G) an income payor shall:
(i) begin withholding income not later than the first paydate after fourteen (14) days following the date the incomewithholding order is received by the income payor; and
(ii) report to the state central collection unit the date onwhich the income was withheld from the obligor's income;
(H) if an income payor is required to withhold income frommore than one (1) obligor, the income payor may combinethe withheld amount of income into a single payment for allobligors who are required to make payments to the statecentral collection unit if the income payor identifies the partof the single payment that is attributable to each individualobligor;
(I) if the obligor has:
(i) more than one (1) income withholding order against theobligor; and
(ii) insufficient disposable earnings to pay the amount ofincome withholding for all income withholding orders;
an income payor shall distribute the withheld income prorata among the persons entitled to receive income under theincome withholding orders, giving priority to a currentincome withholding order;
(J) an income payor shall honor all withholdings to theextent that the total amount withheld does not exceed limitsimposed under 15 U.S.C. 1673(b);
(K) the income withholding order is binding upon theincome payor until further notice by the Title IV-D agency;
(L) an income payor that:
(i) discharges the obligor from employment;
(ii) refuses to employ the obligor;
(iii) takes disciplinary action against the obligor employedby the income payor; or
(iv) otherwise discriminates against the obligor;
because of the existence of an income withholding order orthe obligations imposed upon the income payor by theincome withholding order is subject to a penalty not toexceed five thousand dollars ($5,000) payable to the stateand recoverable in a civil action;
(M) if an income payor fails to withhold income inaccordance with the income withholding order, the income
payor is liable for:
(i) the accumulated amount the income payor should havewithheld from the obligor's income; and
(ii) any interest, attorney's fees, and costs;
(N) an income withholding order under this chapter haspriority over any secured or unsecured claim on income,except for claims for federal, state, and local taxes; and
(O) the income payor must notify the Title IV-D agency ifthe obligor:
(i) ceases employment with; or
(ii) no longer receives income from;
the income payor, not later than ten (10) days after the datethe obligor's employment or income ceases, and provide theobligor's last known address and the name and address of theobligor's new income payor, if known, to the Title IV-Dagency.
(c) If the Title IV-D agency issues a notice of intent to withholdincome to the obligor under this section, the Title IV-D agency is notrequired to provide further notice to continue to implement or amendthe income withholding order unless the income withholding orderis stayed by the court under section 0.5(c) of this chapter.
As added by P.L.103-2007, SEC.28.
IC 31-16-15-4
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-4.3
Income withholding order; contesting implementation
Sec. 4.3. (a) An obligor may contest a Title IV-D agency'sdetermination to implement an income withholding order undersection 2.5 of this chapter by making a written application to theTitle IV-D agency not more than twenty (20) days after the date thenotice is mailed to the obligor.
(b) The only basis on which an obligor may contest theimplementation of an income withholding order under section 2.5 ofthis chapter is mistake of fact.
(c) If an obligor does not contest the implementation of an incomewithholding order within the period described in subsection (a), theTitle IV-D agency shall send the income withholding order to theincome payor not more than fifteen (15) calendar days after:
(1) the last date that the obligor has to contest theimplementation of an income withholding order undersubsection (a); or
(2) if the income payor's address is not known on the datedescribed under subdivision (1), the date the Title IV-D agencyobtains the income payor's address.
(d) A Title IV-D agency shall:
(1) not more than twenty-five (25) days after an obligor makeswritten application to contest an income withholding order
under subsection (a), hold a hearing to review the Title IV-Dagency's determination to implement the income withholdingorder; and
(2) make a determination on the implementation of the incomewithholding order at the hearing.
(e) If the Title IV-D agency implements an income withholdingorder after a hearing under this section, the Title IV-D agency shallprovide the income withholding order to each income payor asprovided under section 6.5 of this chapter.
As added by P.L.103-2007, SEC.29.
IC 31-16-15-4.5
National Medical Support Notice
Sec. 4.5. (a) The bureau shall send notice to an employer, usingthe National Medical Support Notice described in 45 CFR 303.32,that:
(1) a parent ordered to pay support has been ordered to provideinsurance coverage as part of the parent's employee benefit planunder IC 31-16-6-4; or
(2) an obligation to provide insurance coverage undersubdivision (1) is no longer in effect.
(b) Upon receipt of the notice under subsection (a), the employershall:
(1) respond to the notice in a timely fashion;
(2) transfer the National Medical Support Notice to theemployer's health insurance plan within twenty (20) days afterthe date of the National Medical Support Notice; and
(3) abide by the terms of establishing insurance coverage asrequired by the notice.
As added by P.L.86-2002, SEC.12. Amended by P.L.145-2006,SEC.239; P.L.103-2007, SEC.30; P.L.80-2010, SEC.40.
IC 31-16-15-5
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-5.5
Income withholding order; lifting stay of implementation
Sec. 5.5. (a) An obligor or an obligee may file a petition to lift astay of implementation of an income withholding order.
(b) If an obligee files a petition under subsection (a), the courtshall:
(1) set a date for a hearing on the petition; and
(2) send a written notice of the hearing to lift the stay ofimplementation of the income withholding order to the obligorin accordance with subsection (c).
The court must set a date for the hearing that is not more than twenty(20) days after the date the petition is filed.
(c) The notice under subsection (b)(2) must include the following:
(1) A statement as to whether the obligor is delinquent in the
payment of child support.
(2) If applicable, the amount of child support the obligor is inarrears.
(3) A statement that if the petition is granted, the obligor'sincome shall be:
(A) withheld by the court for the payment of child support;and
(B) forwarded to the state central collection unit with astatement identifying:
(i) the cause number for each obligee;
(ii) the name of each obligor;
(iii) the name of each obligee with the amount of thewithheld income forwarded by the income payor;
(iv) the Social Security number of each obligor; and
(v) the Indiana support enforcement tracking system(ISETS) number for each obligee.
(4) The following statements:
(A) That the total amount of income to be withheld under anincome withholding order from the obligor's income is thesum of:
(i) the obligor's current child support obligation; plus
(ii) the amount of arrearage payment ordered by the court;plus
(iii) a fee of two dollars ($2), which must be paid at theincome payor's option to the income payor each time theincome payor forwards income to the state centralcollection unit.
(B) That the total amount of income withheld may notexceed the maximum amount permitted by 15 U.S.C.1673(b).
(C) That the income withholding order applies to the receiptof any current or subsequent income.
(D) That the only basis for contesting the petition to lift thestay of implementation of the income withholding order is amistake of fact.
(E) That an obligor may contest the court's lifting the stay ofthe income withholding order by appearing at the hearingscheduled by the court on the petition to lift the stay.
(F) That if the obligor does not appear at the hearing, thecourt shall implement the income withholding order.
(G) That an income payor shall:
(i) begin withholding income not later than the first paydate after fourteen (14) days following the date the incomewithholding order is received by the income payor; and
(ii) report to the state central collection unit the date onwhich the income was withheld from the obligor's income.
(H) That if an income payor is required to withhold incomefrom more than one (1) obligor, the income payor maycombine the withheld amount of income into a singlepayment for all obligors who are required to make payments
to the state central collection unit if the income payoridentifies the part of the single payment that is attributableto each individual obligor.
(I) That if an obligor has:
(i) more than one (1) income withholding order against theobligor; and
(ii) insufficient disposable earnings to pay the amount ofincome withholding for all income withholding orders;
the income payor shall distribute the withheld income prorata among the persons entitled to receive income under theincome withholding orders, giving priority to a currentincome withholding order.
(J) That an income payor shall honor all withholding to theextent that the total amount withheld does not exceed limitsimposed under 15 U.S.C. 1673(b).
(K) That the income withholding is binding upon the incomepayor until further notice by the court.
(L) That an income payor that:
(i) discharges the obligor from employment;
(ii) refuses to employ the obligor;
(iii) takes disciplinary action against the obligor employedby the income payor; or
(iv) otherwise discriminates against the obligor;
because of the existence of an income withholding order orthe obligations imposed upon the income payor by theincome withholding order, is subject to a penalty not toexceed five thousand dollars ($5,000) payable to the stateand recoverable in a civil action.
(M) That if the income payor fails to withhold income inaccordance with the income withholding order, the incomepayor is liable for:
(i) the accumulated amount the income payor should havewithheld from the obligor's income; and
(ii) any interest, attorney's fees, and costs.
(N) That an income withholding order under this chapter haspriority over any secured or unsecured claim on income,except for claims for federal, state, and local taxes.
(O) That the income payor must notify the court if theobligor:
(i) ceases employment with; or
(ii) no longer receives income from;
the income payor not later than ten (10) days after the datethe obligor's employment or income ceases and provide theobligor's last known address and the name and address of theobligor's new income payor, if known, to the court.
(d) At a hearing under this section, the court shall grant thepetition to lift the stay of implementation of the income withholdingorder if the obligor has failed to comply with the provisions of thesupport order, unless the court finds that the conditions under section0.5(c)(2) of this chapter have been met. (e) If the obligor files a petition to lift the stay of implementationof the income withholding order:
(1) a hearing is not required; and
(2) the court shall grant the petition.
(f) If the court grants the petition to lift the stay of implementationof the income withholding order, the court shall:
(1) implement the income withholding order; and
(2) send the income withholding order to the obligor's incomepayor.
As added by P.L.103-2007, SEC.31.
IC 31-16-15-6
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-6.5
Serving an income withholding order
Sec. 6.5. A court or Title IV-D agency may serve an incomewithholding order on an income payor by:
(1) first class mail;
(2) facsimile transmission; or
(3) other electronic means approved by the Title IV-D agency.
As added by P.L.103-2007, SEC.32.
IC 31-16-15-7
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-7.5
Income payor duties
Sec. 7.5. (a) An income payor that is required to withhold incomeunder this chapter shall:
(1) forward income withheld for the payment of current or pastdue child support as directed by an income withholding orderto the state central collection unit at the time that an obligor ispaid;
(2) include a statement that identifies the:
(A) cause number for each obligee;
(B) Indiana support enforcement tracking system (ISETS)case number for each obligee;
(C) name of each obligor and the obligor's Social Securitynumber;
(D) name of each obligee with the amount of the withheldincome forwarded by the income payor; and
(E) date on which the amount was withheld from theobligor's income; and
(3) begin withholding income not later than the first pay dateafter fourteen (14) days following the date the order for incomewithholding is received by the income payor.
(b) An income payor may retain, in addition to the amount of
income forwarded to the state central collection unit, a fee of notmore than two dollars ($2) each time the income payor forwardsincome to the state central collection unit. If an income payor retainsa fee under this subsection, the income payor shall reduce the amountof income withheld for the payment of current and past due childsupport, if necessary to avoid exceeding the maximum amountpermitted to be withheld under 15 U.S.C. 1673(b).
As added by P.L.103-2007, SEC.33. Amended by P.L.80-2010,SEC.41.
IC 31-16-15-8
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-9
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-10
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-11
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-12
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-13
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-14
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-15
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-16
Combination of withheld amounts for multiple obligors in singlepayment; multiple withholdings paid electronically; civil penalty
Sec. 16. (a) Except as provided in subsection (b), if the incomepayor is required to withhold income from more than one (1) obligorunder this chapter, the income payor may combine in a singlepayment the withheld amounts for all obligors who have beenordered to pay to the state central collection unit established by
IC 31-25-3-1 if the income payor separately identifies the part of thesingle payment that is attributable to each individual obligor.
(b) If the income payor:
(1) is required to withhold income from more than one (1)obligor under this chapter; and
(2) employs more than fifty (50) employees;
the income payor shall make payments to the state central collectionunit established by IC 31-25-3-1 through electronic funds transfer orthrough electronic or Internet access made available by the statecentral collection unit.
(c) The department of child services shall assess a civil penalty oftwenty-five dollars ($25) per obligor per pay period against anincome payor that:
(1) is required to make a payment under subsection (b); and
(2) does not make the payment through electronic funds transferor other means described in subsection (b).
The department shall deposit the penalties into the state general fund.
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.13;P.L.234-2005, SEC.91; P.L.148-2006, SEC.24; P.L.103-2007,SEC.34.
IC 31-16-15-17
Multiple withholding orders against single obligor; pro ratadistribution of withheld earnings
Sec. 17. (a) If there is more than one (1) order for withholdingagainst a single obligor under this chapter and the obligor hasinsufficient disposable earnings to pay the amount required by all theorders, the income payor shall:
(1) honor all withholdings to the extent that the total amountwithheld does not exceed the limits imposed under 15 U.S.C.1673(b); and
(2) distribute the withheld income pro rata among the personsentitled to receive income under the income withholding orders,giving priority to orders for current child support.
(b) The income payor may not distribute income under subsection(a) in a manner that would result in one (1) of the current childsupport obligations not being honored.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.35;P.L.80-2010, SEC.42.
IC 31-16-15-18
Notice by income payor following cessation of employment orincome
Sec. 18. The income payor shall:
(1) notify:
(A) the Title IV-D agency in a case arising under section 2.5of this chapter; or
(B) the court in a case arising under section 0.5, 2, or 5.5 ofthis chapter;
when the obligor ceases to receive income not later than ten
(10) days after the employment or income ceases; and
(2) provide:
(A) the obligor's last known address; and
(B) the name and address of the obligor's new income payorif known.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.36.
IC 31-16-15-19
Severance pay, accumulated sick pay, vacation pay, accumulatedcommissions, bonuses, or other lump sum payments; withholdingof support arrearages
Sec. 19. (a) If an obligor:
(1) is entitled to net income in the form of:
(A) severance pay;
(B) accumulated sick pay;
(C) vacation pay;
(D) accumulated commissions;
(E) a bonus payment in addition to regular earned income;or
(F) other lump sum payment; and
(2) owes an amount of child support that is in arrears;
the income payor shall withhold the amount in arrears or the productcomputed under subsection (b), whichever is less, up to themaximum permitted under 15 U.S.C. 1673(b).
(b) The income payor shall multiply:
(1) the amount of support the obligor is required to pay eachweek; by
(2) the number of weeks represented by the lump sum payment.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.37.
IC 31-16-15-20
Payments by clerk or state central collection unit to personsentitled to receive child support
Sec. 20. (a) This subsection applies before January 1, 2007. Theclerk of the court shall:
(1) pay the income forwarded by the income payor to the personentitled to receive child support payments; and
(2) maintain records to monitor and document the receipt andpayment of income under this chapter.
(b) Beginning January 1, 2007, the clerk of the court, for cashpayments, and the state central collection unit, for noncash payments,shall:
(1) pay the income forwarded by the income payor to the personentitled to receive child support payments; and
(2) maintain records to monitor and document the receipt andpayment of income under this chapter.
As added by P.L.1-1997, SEC.8. Amended by P.L.148-2006, SEC.25.
IC 31-16-15-21
Repealed (Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-22
Termination of income withholding
Sec. 22. (a) An income withholding order under section 0.5 or 2.5of this chapter (or IC 31-2-10-7 before its repeal) terminates whenboth of the following occur:
(1) The duty to support a child ceases under IC 31-14 orIC 31-16-2 through IC 31-16-12.
(2) No child support arrearage exists.
(b) A court or Title IV-D agency may terminate incomewithholding when the whereabouts of the child and the child'scustodial parent are unknown, preventing the forwarding of childsupport payments.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.38.
IC 31-16-15-23
Liability of income payors
Sec. 23. (a) If an income payor fails to forward the moneyrequired by an income withholding order, the Title IV-D agency shallsend the income payor, by certified mail, a notice of failure tocomply. If the income payor fails to forward the money required byan income withholding order within thirty (30) days after receipt ofthe notice of failure to comply, the income payor is liable for theamount the income payor fails to forward.
(b) An income payor described in subsection (a) is liable to the:
(1) obligee for the amount of income not paid in compliancewith the income withholding order, including an amount theobligor is required to pay for health insurance coverage; and
(2) obligor for:
(A) the amount of income withheld and not paid as requiredunder the income withholding order;
(B) an amount equal to the interest that accrues according tothe interest percentage that accrues on judgments; and
(C) reasonable attorney's fees and court costs.
(c) An income payor that:
(1) receives an income withholding order from a court or TitleIV-D agency; and
(2) fails to comply with the income withholding order;
may be liable for contempt of court.
(d) If an obligor has filed a claim for worker's compensation, theincome payor of the obligor shall send a copy of the incomewithholding order to the income payor's insurance carrier if theincome payor has an insurance carrier with whom the claim has beenfiled in order to continue the ordered withholding of income.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.39.
IC 31-16-15-23.5
Normal pay and distribution cycles unaffected
Sec. 23.5. An income payor is not required to vary the income
payor's normal pay and distribution cycles in order to comply withthis chapter.
As added by P.L.80-2010, SEC.43.
IC 31-16-15-23.7
Immunity from civil liability
Sec. 23.7. An income payor is not subject to civil liability forincome withheld and paid to an obligee, the Title IV-D agency, or astate central collection unit in accordance with an incomewithholding order that appears regular on its face.
As added by P.L.80-2010, SEC.44.
IC 31-16-15-24
Repealed
(Repealed by P.L.103-2007, SEC.51.)
IC 31-16-15-25
Income payor penalties
Sec. 25. (a) An income payor that:
(1) discharges from employment an obligor;
(2) refuses to employ an obligor;
(3) takes disciplinary action against an obligor employed by theincome payor; or
(4) otherwise discriminates against an obligor;
because of the existence of an income withholding order or theobligations imposed upon the income payor by the incomewithholding order, is subject to a penalty not to exceed five thousanddollars ($5,000) payable to the state and recoverable in a civil action.An obligor or the Title IV-D agency may bring an action to enforcea penalty under this subsection.
(b) The collection of money under this section does not affect:
(1) the obligor's right to damages under IC 24-4.5-5-202; or
(2) any other legal remedy available to the obligor;
because of discharge from employment, refusal of employment, ordisciplinary action.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.40.
IC 31-16-15-26
New income payor
Sec. 26. If the Title IV-D agency or the court becomes aware thatthe obligor has a new income payor after income withholding hasbeen implemented:
(1) if the order is an income withholding order implementedunder section 2.5 of this chapter, the Title IV-D agency; or
(2) if the order is an income withholding order implementedunder section 0.5 of this chapter or an income withholding orderimplemented after a stay has been lifted under section 5.5 ofthis chapter, the court or the Title IV-D agency;
shall send the income withholding order to the new income payor.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.41.
IC 31-16-15-27
Priority of order over other claims
Sec. 27. An income withholding order under this chapter haspriority over any secured or unsecured claim on income exceptclaims for federal, state, and local taxes that are required to bewithheld for the calendar year in which the income is subject to awithholding order.
As added by P.L.1-1997, SEC.8.
IC 31-16-15-28
Full faith and credit
Sec. 28. The courts and the Title IV-D agency shall give full faithand credit to income withholding orders that are issued in otherstates.
As added by P.L.1-1997, SEC.8.
IC 31-16-15-29
Registration of foreign support orders
Sec. 29. (a) The registration of a foreign support order as providedin IC 31-18-6 is sufficient for the implementation of an incomewithholding order by the Title IV-D agency.
(b) The Title IV-D agency shall issue a notice in accordance withsection 3.5 of this chapter of the implementation of a foreign supportorder to the obligor.
As added by P.L.103-2007, SEC.42.
IC 31-16-15-30
Title IV-D agency civil liability
Sec. 30. A Title IV-D agency or an agent of a Title IV-D agencyacting within the scope of the agent's employment is not subject toany civil liability for income withheld and paid to an obligee, theTitle IV-D agency, or the state central collection unit in accordancewith an income withholding order.
As added by P.L.103-2007, SEC.43.