CHAPTER 2. JURISDICTION
IC 31-18-2
Chapter 2. Jurisdiction
IC 31-18-2-1
Basis for jurisdiction over nonresident
Sec. 1. In a proceeding to establish, enforce, or modify a supportorder or to determine paternity, an Indiana tribunal may exercisepersonal jurisdiction over a nonresident individual or the individual'sguardian or conservator if:
(1) the individual is personally served with notice in Indiana;
(2) the individual submits to the jurisdiction of Indiana by:
(A) consent;
(B) entering an appearance, except for the purpose ofcontesting jurisdiction; or
(C) filing a responsive document having the effect ofwaiving contest to personal jurisdiction;
(3) the individual resided in Indiana with the child;
(4) the individual resided in Indiana and has provided prenatalexpenses or support for the child;
(5) the child resides in Indiana as a result of the acts ordirectives of the individual;
(6) the individual engaged in sexual intercourse in Indiana andthe child:
(A) has been conceived by the act of intercourse; or
(B) may have been conceived by the act of intercourse if theproceeding is to establish paternity;
(7) the individual asserted paternity of the child in the putativefather registry administered by the state department of healthunder IC 31-19-5; or
(8) there is any other basis consistent with the Constitution ofthe State of Indiana and the Constitution of the United Statesfor the exercise of personal jurisdiction.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-2
Procedure when exercising jurisdiction over nonresident
Sec. 2. An Indiana tribunal exercising personal jurisdiction overa nonresident under section 1 of this chapter may apply:
(1) IC 31-18-3-16 to receive evidence from another state(special rules of evidence established by this article regardinglong arm jurisdiction cases); and
(2) IC 31-18-3-18 to obtain discovery assistance through atribunal of another state (special rules of procedure establishedby this article for obtaining discovery in long arm jurisdictioncases). In all other respects, the tribunal shall apply theprocedural and substantive law of Indiana, including the ruleson choice of law other than those established by this article.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-3 Initiating and responding tribunals
Sec. 3. An Indiana tribunal may serve as:
(1) an initiating tribunal under this article to forwardproceedings to another state; and
(2) a responding tribunal for proceedings initiated in anotherstate.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-4
Simultaneous proceedings in another state
Sec. 4. (a) An Indiana tribunal may exercise jurisdiction toestablish a support order if the petition is filed after a petition orcomparable pleading is filed in another state only if:
(1) the petition is filed in Indiana before the expiration of thetime allowed in the other state for filing a responsive pleadingchallenging the exercise of jurisdiction by the other state;
(2) the contesting party timely challenges the exercise ofjurisdiction in the other state; and
(3) Indiana is the home state of the child, if relevant.
(b) An Indiana tribunal may not exercise jurisdiction to establisha support order if the petition is filed before a petition or comparablepleading is filed in another state if:
(1) the petition or comparable pleading in the other state is filedbefore the expiration of the time allowed in Indiana for filing aresponsive pleading challenging the exercise of jurisdiction byIndiana;
(2) the contesting party timely challenges the exercise ofjurisdiction in Indiana; and
(3) the other state is the home state of the child, if relevant.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-5
Continuing exclusive jurisdiction
Sec. 5. (a) An Indiana tribunal that issues a support orderconsistent with Indiana law has continuing, exclusive jurisdictionover a child support order:
(1) if Indiana remains the residence of the:
(A) obligor;
(B) individual obligee; or
(C) child for whose benefit the support order is issued; or
(2) until each individual party has filed written consent with theIndiana tribunal for a tribunal of another state to modify theorder and assume continuing, exclusive jurisdiction.
Nothing in this section is intended to divest a court of jurisdiction toenforce a judgment that has been previously issued in favor of anyparty, including any state or to prevent a Title IV-D agency or itsagents from collecting on a judgment previously issued through ajudicial or an administrative proceeding.
(b) An Indiana tribunal that issues a child support order consistentwith Indiana law may not exercise its continuing jurisdiction to
modify the order if the order has been modified by a tribunal ofanother state that has exercised continuing, exclusive jurisdictionover the order under a law substantially similar to this article.
(c) If an Indiana child support order is modified by a tribunal ofanother state under a law substantially similar to this article, theIndiana tribunal:
(1) loses its continuing, exclusive jurisdiction with regard toprospective enforcement of the order issued in Indiana; and
(2) may only:
(1) Enforce the order that was modified concerning amountsaccruing before the modification.
(2) Enforce nonmodifiable aspects of that order.
(3) Provide other appropriate relief for a violation of theorder that occurred before the effective date of themodification.
(4) Recognize the modifying order of the other state, uponregistration, for the purpose of enforcement.
(d) An Indiana tribunal shall recognize the continuing, exclusivejurisdiction of a tribunal of another state that has issued a childsupport order under a law substantially similar to this article.
(e) A temporary support order issued ex parte or a pendingresolution of a jurisdictional conflict does not create continuing,exclusive jurisdiction in the issuing tribunal.
(f) An Indiana tribunal that issues a support order consistent withIndiana law has continuing, exclusive jurisdiction over a spousalsupport order throughout the existence of the support obligation. AnIndiana tribunal may not modify a spousal support order issued by atribunal of another state having continuing, exclusive jurisdictionover the order under the law of the other state.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-6
Enforcement and modification of support order by tribunal havingcontinuing jurisdiction
Sec. 6. (a) An Indiana tribunal may serve as an initiating tribunalto request a tribunal of another state to enforce or modify a supportorder issued in that other state.
(b) An Indiana tribunal having continuing, exclusive jurisdictionover a support order may act as a responding tribunal to enforce ormodify the order. If a party subject to the continuing, exclusivejurisdiction of the tribunal no longer resides in the issuing state, insubsequent proceedings the tribunal may apply:
(1) IC 31-18-3-16 regarding receiving evidence from anotherstate; and
(2) IC 31-18-3-18 regarding obtaining discovery through atribunal of another state.
(c) An Indiana tribunal that lacks continuing, exclusivejurisdiction over a spousal support order may not serve as aresponding tribunal to modify a spousal support order of anotherstate.As added by P.L.1-1997, SEC.10.
IC 31-18-2-7
Recognition of child support orders
Sec. 7. (a) If a proceeding is brought under this article and one (1)or more child support orders have been issued in Indiana or anotherstate with regard to an obligor and a child, an Indiana tribunal shallapply the following rules in determining which order to recognize forpurposes of continuing, exclusive jurisdiction:
(1) If only one (1) tribunal has issued a child support order, theorder of that tribunal is controlling and must be recognized.
(2) If two (2) or more tribunals have issued child support ordersfor the same obligor and child, and only one (1) of the tribunalshas continuing, exclusive jurisdiction in accordance with thisarticle, the order of that tribunal is controlling and must berecognized.
(3) If two (2) or more tribunals have issued child support ordersfor the same obligor and child, and more than one (1) of thetribunals has continuing, exclusive jurisdiction in accordancewith this article, an order issued by a tribunal in the currenthome state of the child must be recognized. However, if anorder has not been issued in the current home state of the child,the order most recently issued must be recognized.
(4) If two (2) or more tribunals have issued child support ordersfor the same obligor and child, and none of the tribunals hascontinuing, exclusive jurisdiction in accordance with thisarticle, the Indiana tribunal shall issue a child support order thatis controlling and must be recognized.
(b) The tribunal that has issued an order recognized undersubsection (a) is the tribunal having continuing, exclusivejurisdiction.
(c) If two (2) or more child support orders have been issued forthe same obligor and child and if the obligor or the individual obligeeresides in Indiana, a party may request an Indiana tribunal todetermine which order controls and must be recognized undersubsection (a). The request must be accompanied by a certified copyof all support orders in effect. Each party whose rights may beaffected by a determination of the controlling order must be givennotice of the request for that determination.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.18.
IC 31-18-2-7.5
Determination of identity of controlling child support order
Sec. 7.5. (a) An Indiana tribunal that:
(1) determines by order the identity of the controlling childsupport order under section 7(a)(1), 7(a)(2), or 7(a)(3) of thischapter; or
(2) issues a new controlling child support order under section7(a)(4) of this chapter;shall include in that order the basis upon which the tribunal made thedetermination.
(b) Not later than thirty (30) days after issuance of the orderdetermining the identity of the controlling order, the party obtainingthe order shall file a certified copy of the order with each tribunalthat has issued or registered an earlier order of child support. Failureof the party obtaining the order to file a certified copy as requiredsubjects the party to appropriate sanctions by a tribunal in which theissue of failure to file arises. However, the failure has no effect onthe validity or enforceability of the controlling order.
As added by P.L.213-1999, SEC.19.
IC 31-18-2-8
Multiple child support orders for two or more obligees
Sec. 8. In responding to multiple registrations or petitions forenforcement of two (2) or more child support orders in effect at thesame time regarding:
(1) the same obligor; and
(2) different individual obligees;
at least one (1) of which was issued by a tribunal of another state, anIndiana tribunal shall enforce the orders in the same manner as if themultiple orders had been issued by an Indiana tribunal.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-9
Credit for payments
Sec. 9. Amounts collected and credited for a period as the resultof a support order issued by a tribunal of another state must becredited against the amounts accruing or accrued for the same periodunder a support order issued by an Indiana tribunal.
As added by P.L.1-1997, SEC.10.
IC 31-18-2-10
Authority to transfer and initiate petition to respondingjurisdiction
Sec. 10. For purposes of this article, the Title IV-D agency or itsagents have the authority to transfer and initiate a petition to aresponding jurisdiction.
As added by P.L.1-1997, SEC.10.