IC 31-16-20


    

Chapter 20. Transfer of Jurisdiction Over Support Orders


IC 31-16-20-1

Application of chapter

    


Sec. 1. This chapter applies whenever:

        (1) there is pending in an Indiana court an order requiring a
parent to make regular payments for the support of the parent's
children:

            (A) subsequent to the dissolution of the marriage of the
parents of the children;

            (B) as a result of a paternity action under IC 31-14 (or
IC 31-6-6.1 before its repeal);

            (C) as a result of a legal separation action under IC 31-15-3;
or

            (D) as a result of a child support action under IC 31-16-2;
and

        (2) it is shown to the court in which the order is pending that:

            (A) the parent or other person rightfully having custody of
the children is residing in a different county in Indiana from
the county in which the:

                (i) dissolution;

                (ii) order under IC 31-14 (or IC 31-6-6.1 before its repeal);

                (iii) order under IC 31-15-3; or

                (iv) order under IC 31-16-2;

            was obtained;

            (B) the other parent of the children:

                (i) no longer resides; or

                (ii) is not regularly found;

            in the county in which the dissolution, order under IC 31-14
(or IC 31-6-6.1 before its repeal), order under IC 31-15-3, or
order under IC 31-16-2 was obtained; and

            (C) it would be in the best interests of the children.

As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.12.


IC 31-16-20-2

Order of transfer of proceedings

    


Sec. 2. The court may order the proceedings with:

        (1) all papers and files pertaining to the order for support; and

        (2) certified copies of all orders for support;

transferred to the court having jurisdiction over such matters in the
county in which the parent or other person having custody of the
children is residing.

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


IC 31-16-20-3

Acceptance of proceedings by transferee court

    


Sec. 3. The court to which the proceedings are transferred:

        (1) shall accept the proceedings; and

        (2) thereafter has jurisdiction over the children and matters


relating to their support by the parent so ordered.

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


IC 31-16-20-4

Docket; civil costs fee

    


Sec. 4. The proceedings that are transferred shall be docketed as
other civil matters are docketed, and a civil costs fee as provided in
IC 33-37-4-4 shall be collected.

As added by P.L.1-1997, SEC.8. Amended by P.L.98-2004, SEC.102.


IC 31-16-20-5

Hearing requirement; contents of petition; notice

    


Sec. 5. (a) Except as provided in section 6 of this chapter, the
order for the transfer of the proceedings may be made only after a
hearing is held on a petition filed by or on behalf of the parent or
other person having custody of the children.

    (b) The petition must:

        (1) set forth:

            (A) the facts upon which the petition is based; and

            (B) the reasons for requesting the transfer of the
proceedings; and

        (2) be verified.

    (c) Notice shall be issued on the petition to the other parent
notifying the other parent of:

        (1) the pendency of the petition; and

        (2) the time and place where the hearing will be heard.

    (d) The hearing court shall:

        (1) advance the hearing on the docket; and

        (2) promptly hold the hearing.

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


IC 31-16-20-6

Transfer without notice and hearing

    


Sec. 6. A court may enter an order for transfer of the proceedings
without notice and a hearing if the petition required under section 5
of this chapter is:

        (1) a joint petition; and

        (2) filed on behalf of and verified by:

            (A) the custodial parent or a person having custody of the
children; and

            (B) the noncustodial parent.

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


IC 31-16-20-7

Application of chapter; multiple transfers

    


Sec. 7. (a) This chapter applies to proceedings pending in:

        (1) the court in which the dissolution was obtained; or

        (2) any other court to which the proceedings have been
transferred.

    (b) Any number of transfers may be made, as the best interests of


the children require.

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