CHAPTER 6. CHILD SUPPORT ORDERS
IC 31-16-6
Chapter 6. Child Support Orders
IC 31-16-6-1
Child support orders; relevant factors; account at financialinstitution
Sec. 1. (a) In an action for dissolution of marriage underIC 31-15-2, legal separation under IC 31-15-3, or child support underIC 31-16-2, the court may order either parent or both parents to payany amount reasonable for support of a child, without regard tomarital misconduct, after considering all relevant factors, including:
(1) the financial resources of the custodial parent;
(2) the standard of living the child would have enjoyed if:
(A) the marriage had not been dissolved; or
(B) the separation had not been ordered;
(3) the physical or mental condition of the child and the child'seducational needs; and
(4) the financial resources and needs of the noncustodial parent.
(b) The court shall order a custodial parent or third party underIC 31-16-10-1 who receives child support to obtain an account at afinancial institution unless:
(1) the custodial parent or third party files a written objectionbefore a child support order is issued; and
(2) the court finds that good cause exists to exempt thecustodial parent or third party from the account requirement.
A custodial parent or third party ordered to obtain an account shallprovide the clerk of the circuit court or other person or entity actingas assignee or trustee for remittance with an account number and anyother information necessary to transfer funds to the account.
(c) In accordance with its policies, a financial institution mayrestrict or deny services to a person ordered to obtain an accountunder this section.
(d) This section may not be construed to require the clerk of thecircuit court to remit child support payments by electronic fundstransfer.
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.9.
IC 31-16-6-2
Expenses for child's education and health care; Title IV-D fees
Sec. 2. (a) The child support order or an educational support ordermay also include, where appropriate:
(1) amounts for the child's education in elementary andsecondary schools and at postsecondary educationalinstitutions, taking into account:
(A) the child's aptitude and ability;
(B) the child's reasonable ability to contribute to educationalexpenses through:
(i) work;
(ii) obtaining loans; and
(iii) obtaining other sources of financial aid reasonably
available to the child and each parent; and
(C) the ability of each parent to meet these expenses;
(2) special medical, hospital, or dental expenses necessary toserve the best interests of the child; and
(3) fees mandated under Title IV-D of the federal SocialSecurity Act (42 U.S.C. 651 through 669).
(b) If the court orders support for a child's educational expensesat a postsecondary educational institution under subsection (a), thecourt shall reduce other child support for that child that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.361.
IC 31-16-6-3
Setting aside parent's property
Sec. 3. As part of the child support order the court may set apartthe part of the property of either parent or both parents that appearsnecessary and proper for the support of the child.
As added by P.L.1-1997, SEC.8.
IC 31-16-6-4
Medical support
Sec. 4. (a) A child support order must require either parent or bothparents to provide medical support for the child through healthinsurance coverage if the health insurance coverage is available tothe parent at a reasonable cost.
(b) An order for medical support under this section shall beenforced under 42 U.S.C. 666(a)(19).
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.10;P.L.103-2007, SEC.18; P.L.80-2010, SEC.29.
IC 31-16-6-5
Security, bond, or other guarantees
Sec. 5. Upon entering an order under section 1 of this chapter, thecourt may provide for such security, bond, or other guarantee that issatisfactory to the court to secure the obligation to make childsupport payments.
As added by P.L.1-1997, SEC.8.
IC 31-16-6-6
Termination or modification of child support; emancipation ofchild
Sec. 6. (a) The duty to support a child under this chapter ceaseswhen the child becomes twenty-one (21) years of age unless any ofthe following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21)years of age. In this case the child support, except for theeducational needs outlined in section 2(a)(1) of this chapter,terminates at the time of emancipation, although an order foreducational needs may continue in effect until further order of
the court.
(2) The child is incapacitated. In this case the child supportcontinues during the incapacity or until further order of thecourt.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondaryeducational institution for the prior four (4) months and isnot enrolled in a secondary school or postsecondaryeducational institution; and
(C) is or is capable of supporting himself or herself throughemployment.
In this case the child support terminates upon the court's findingthat the conditions prescribed in this subdivision exist.However, if the court finds that the conditions set forth inclauses (A) through (C) are met but that the child is onlypartially supporting or is capable of only partially supportinghimself or herself, the court may order that support be modifiedinstead of terminated.
(b) For purposes of determining if a child is emancipated undersubsection (a)(1), if the court finds that the child:
(1) is on active duty in the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court;
the court shall find the child emancipated and terminate the childsupport.
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.362;P.L.80-2010, SEC.30.
IC 31-16-6-7
Effect of child's emancipation or death of parent obligated to paysupport
Sec. 7. (a) Unless otherwise agreed in writing or expresslyprovided in the order, provisions for child support are terminated:
(1) by the emancipation of the child; but
(2) not by the death of the parent obligated to pay the childsupport.
(b) If the parent obligated to pay support dies, the amount ofsupport may be modified or revoked to the extent just andappropriate under the circumstances on petition of representatives ofthe parent's estate.
As added by P.L.1-1997, SEC.8.
IC 31-16-6-8
Repealed
(Repealed by P.L.197-1997, SEC.29.)
IC 31-16-6-9 Duty to furnish information; exception
Sec. 9. (a) The custodial parent and noncustodial parent shallfurnish the following information to the clerk of the court for entryinto the Indiana support enforcement tracking system (ISETS) at thetime of the issuance or modification of a child support order:
(1) Except as provided in subsection (b), the parent's:
(A) Social Security number;
(B) current residence and mailing address;
(C) telephone numbers;
(D) date of birth; and
(E) driver's license number.
(2) The name, telephone number, and address of the parent'semployer.
(b) An individual certified as a program participant in the addressconfidentiality program under IC 5-26.5 is not required to providethe individual's current residence and mailing address if theindividual provides an address designated by the office of theattorney general under IC 5-26.5 as the individual's current residenceand mailing address.
As added by P.L.80-2010, SEC.31.
IC 31-16-6-10
Notice of change of address, federal assistance, and otherconditions affecting support order; exception
Sec. 10. (a) Except as provided in subsection (c), a party affectedby a support order shall inform the clerk of the court and the statecentral collection unit established within the child support bureau byIC 31-25-3-1 of any change of address not more than fifteen (15)days after the party's address is changed.
(b) At the time of the issuance or modification of a support order,the parties affected by the order shall inform the clerk of the courtand the state central collection unit established within the childsupport bureau by IC 31-25-3-1 of:
(1) whether any of the parties is receiving or has receivedassistance under the:
(A) federal Aid to Families with Dependent Childrenprogram (42 U.S.C. 601 et seq.); or
(B) federal Temporary Assistance for Needy Families(TANF) program (45 CFR 260 et seq.); and
(2) the Social Security number of any child affected by theorder.
The Social Security number required under subdivision (2) shall bekept confidential and may be used only to carry out the purposes ofthe Title IV-D program.
(c) A party who is an individual certified as a program participantin the address confidentiality program under IC 5-26.5 is not requiredto provide the individual's current residence and mailing address ifthe individual provides an address designated by the office of theattorney general under IC 5-26.5 as the individual's principalresidence and mailing address.As added by P.L.80-2010, SEC.32.