IC 31-16-16

    

Chapter 16. Enforceable Judgment Against a Person Delinquent
in Payment of Child Support


IC 31-16-16-1

Supplemental remedies

    

Sec. 1. This chapter supplements other remedies available for the
enforcement of a support order.

As added by P.L.1-1997, SEC.8.


IC 31-16-16-2

Delinquent payment as judgment against obligor

    

Sec. 2. A payment that is:

        (1) required under a support order; and

        (2) delinquent;

shall be treated as a judgment against the obligor for the delinquent
amount.

As added by P.L.1-1997, SEC.8.


IC 31-16-16-3

Judgment as lien; priority; perfection

    

Sec. 3. (a) A lien is created against the real and personal property
of the obligor in the amount of a judgment described in section 2 of
this chapter.

    (b) A person holding a lien created by a judgment described in
section 2 of this chapter:

        (1) has the priority of an unperfected secured creditor in any
enforcement proceeding instituted against the property; and

        (2) may perfect the lien in the same manner as liens arising
from other civil judgments are perfected.

As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.233.


IC 31-16-16-4

Mode of enforcement; disputed amount

    

Sec. 4. (a) An obligee may enforce a judgment created under
section 2 of this chapter (or IC 31-2-11-8 before its repeal) in the
same manner as other civil judgments are enforced.

    (b) If in a proceeding to enforce a judgment created under section
2 of this chapter (or IC 31-2-11-8 before its repeal) an obligor or an
income payor disputes the amount that constitutes a judgment, the
court with jurisdiction over the enforcement proceeding may conduct
a hearing to determine the amount of delinquent support that is a
judgment.

As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.234.


IC 31-16-16-5

Recognition and enforcement of judgments

    

Sec. 5. The courts shall recognize and enforce:

        (1) judgments created under section 2 of this chapter (or
IC 31-2-11-8 before its repeal); and

        (2) judgments for delinquent support payments that are created
under the laws of another state.

As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.235.


IC 31-16-16-6

Modification of obligor's duty to pay

    

Sec. 6. (a) Except as provided in:

        (1) subsection (b); or

        (2) IC 31-14-19-1;

a court may not retroactively modify an obligor's duty to pay a
delinquent support payment.

    (b) A court with jurisdiction over a support order may modify an
obligor's duty to pay a support payment that becomes due:

        (1) after notice of the petition to modify the support order has
been given either directly or through the appropriate agent to:

            (A) the obligee; or

            (B) if the obligee is the petitioner, the obligor; and

        (2) before a final order concerning the petition for modification
is entered.

As added by P.L.1-1997, SEC.8.