CHAPTER 17. LIABILITY FOR SUPPORT OF PARENTS
IC 31-16-17
Chapter 17. Liability for Support of Parents
IC 31-16-17-1
Duty to furnish support for parents
Sec. 1. Any individual:
(1) whose father or mother provided the individual withnecessary food, shelter, clothing, medical attention, andeducation until the individual reached sixteen (16) years of age;and
(2) who is financially able due to the individual's own property,income, or earnings;
shall contribute to the support of the individual's parents if eitherparent is financially unable to furnish the parent's own necessaryfood, clothing, shelter, and medical attention. The individual shallalso provide financial support for the parent's burial if the parent'sburial is provided under IC 12-20-16-12.
As added by P.L.1-1997, SEC.8. Amended by P.L.139-2000, SEC.4.
IC 31-16-17-2
Action for support; parties plaintiff
Sec. 2. An action for support of a parent may be instituted againsta child for violation of the duty to support a parent as required bysection 1 of this chapter by filing a verified complaint in a circuit orsuperior court of the county of the residence of either parent. Theplaintiff or plaintiffs must be:
(1) the parent or parents; or
(2) the:
(A) prosecuting attorney of the judicial circuit;
(B) county director of the county office of family andchildren of the county in which the parent resides;
(C) township trustee of the township in which the parentresides; or
(D) division of family resources;
on behalf of the parent.
As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.236.
IC 31-16-17-3
Averments of complaint
Sec. 3. The complaint must allege definite specific facts toestablish:
(1) the duty to support; and
(2) the violation of the duty to support.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-4
Standing; costs
Sec. 4. (a) Any of the following may prosecute a civil action forsupport of a parent:
(1) The parent. (2) The township trustee.
(3) The county director of the county office of family andchildren.
(4) The director of the division of family resources.
(5) The prosecuting attorney.
(b) Costs may not be taxed against:
(1) the prosecuting attorney;
(2) the county director of the county office of family andchildren;
(3) the township trustee; or
(4) the director of the division of family resources.
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006,SEC.240.
IC 31-16-17-5
Attorney's fees
Sec. 5. In an action brought under this chapter in which:
(1) the parent is the plaintiff; and
(2) judgment is entered for the plaintiff;
the plaintiff is also entitled to recover reasonable attorney's fees,which the court trying the action shall enter as a part of the judgment.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-6
Pleading; service of notice on defendant
Sec. 6. Notice shall be served upon a defendant and issues shallbe made upon the verified complaint as in other civil actions.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-7
Additional parties defendant; admissibility of evidence
Sec. 7. (a) The court on the court's own motion may order otherchildren made additional parties defendant.
(b) In the trial of the action, evidence may be admitted concerningsupport and care furnished to or by children other than thedefendants.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-8
Appeal and review
Sec. 8. (a) If:
(1) the finding of the court; or
(2) the verdict of the jury;
is for or against the defendant, each party aggrieved by the findingor verdict may file a motion for a new trial and other proceedingsthat are proper in other civil actions.
(b) Appeals may be taken as in other civil actions.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-9 Jury verdict
Sec. 9. If the trial is by jury, the verdict of the jury must state onlythat the jury finds in favor of each party that should recover.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-10
Judgment and order
Sec. 10. If the verdict or finding of the court is against adefendant, the court shall:
(1) enter judgment against the defendant or defendants; and
(2) order that adequate provision be made for the support of theparent or parents, taking into consideration:
(A) the needs of the parent or parents;
(B) the ability of the defendant to pay; and
(C) the evidence given in the action concerning treatmentgiven the child by the parent when obligated to support thechild.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-11
Continuing order; modification; execution
Sec. 11. (a) An order of the court under section 10 of this chapteris a continuing order. The court has jurisdiction to modify the orderwith respect to:
(1) the order's continuation;
(2) the amount of support; and
(3) the method of payment at any time during the need of theparent or during the financial ability of the child.
(b) The order:
(1) must be for the payment of periodical amounts, equal orvarying; and
(2) may be apportioned in different amounts between therespective children who may be parties defendant to theproceedings.
(c) Execution of the order:
(1) may issue on the judgment if an amount is due on thejudgment; and
(2) shall be executed without any relief from valuation,appraisement, or exemption laws.
As added by P.L.1-1997, SEC.8.
IC 31-16-17-12
Contempt
Sec. 12. If a defendant is in default for failure to comply with theorder and judgment of the court, the same process may be used forcontempt of court as in divorce proceedings.
As added by P.L.1-1997, SEC.8.