CHAPTER 2. ACTIONS FOR CHILD SUPPORT

IC 31-16-2

    

Chapter 2. Actions for Child Support

IC 31-16-2-1

Applicability of Indiana Rules of Civil Procedure

    

Sec. 1. Proceedings under this chapter and IC 31-16-3.5 through
IC 31-16-12 must comply with the Indiana Rules of Civil Procedure.

As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.117.

IC 31-16-2-2

Cause of action established

    

Sec. 2. A cause of action for child support is established.

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

IC 31-16-2-3

Caption; standing

    

Sec. 3. A proceeding for child support must be commenced by the
filing of a petition entitled, "In Re the support of __________". The
petition may be filed by any person entitled to receive child support
payments.

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

IC 31-16-2-4

Verified petition; averments

    

Sec. 4. A petition for child support:

        (1) must be verified; and

        (2) must set forth the following:

            (A) The relationship of the parties.

            (B) The present residence of each party.

            (C) The names and addresses of:

                (i) each living child less than twenty-one (21) years of age;
and

                (ii) each incapacitated child;

            of the marriage.

            (D) The relief sought.

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

IC 31-16-2-5

Service of petition and summons

    

Sec. 5. Whenever a petition is filed, a copy of the petition,
including a copy of a summons, shall be served upon the person
alleged to be responsible for child support in the same manner as
service of summons in civil actions generally.

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

IC 31-16-2-6

Residence

    

Sec. 6. In an action for child support under section 2 of this
chapter, one (1) of the parties must reside in the county at the time of
the filing of the action.

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

IC 31-16-2-7

Responsive pleading or counter petition

    

Sec. 7. A responsive pleading or a counter petition may be filed
under this chapter or IC 31-16-3.5 through IC 31-16-12.

As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.118.

IC 31-16-2-8

Decree; findings; scope

    

Sec. 8. (a) The court shall enter a decree in an action under
section 2 of this chapter when the court finds:

        (1) that there is a duty to support by the person alleged to have
the duty;

        (2) that the duty to support has not been fulfilled; and

        (3) that an order should be entered under IC 31-16-6-1.

    (b) The decree may include orders as provided for in IC 31-16-3.5
through IC 31-16-12.

As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.119.