CHAPTER 3. CIVIL PROVISIONS OF GENERAL APPLICATION
IC 31-18-3
Chapter 3. Civil Provisions of General Application
IC 31-18-3-1
Proceedings under this article
Sec. 1. (a) Except as otherwise provided in this article, thischapter applies to all proceedings under this article.
(b) this article provides for the following proceedings:
(1) Establishment of an order for spousal support or childsupport under IC 31-18-4.
(2) Enforcement of a support order and an income withholdingorder of another state without registration under IC 31-18-5.
(3) Registration of an order for spousal support or child supportof another state for enforcement under IC 31-18-6.
(4) Modification of an order for child support or spousalsupport issued by an Indiana tribunal under IC 31-18-2.
(5) Registration of an order for child support of another state formodification under IC 31-18-6.
(6) Determination of paternity under IC 31-18-7.
(7) Assertion of jurisdiction over nonresidents underIC 31-18-2.
(c) An individual petitioner or a support enforcement agency maycommence a proceeding authorized under this article by filing apetition or comparable pleading in:
(1) an initiating tribunal for forwarding to a respondingtribunal; or
(2) a tribunal of another state that has or is able to obtainpersonal jurisdiction over the respondent.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-2
Action by minor parent
Sec. 2. A parent who is less than eighteen (18) years of age or aguardian or other legal representative of the minor parent maymaintain a proceeding:
(1) on behalf of; or
(2) for the benefit of;
the minor parent's child.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-3
Application of law of this state
Sec. 3. Except as otherwise provided by this article, a respondingIndiana tribunal:
(1) shall apply the procedural and substantive law, including therules on choice of law, generally applicable to similarproceedings originating in Indiana and:
(A) may exercise all powers; and
(B) provide all remedies;
available in the proceedings; and (2) shall determine the duty of support and the amount payableunder the child support guidelines adopted by the Indianasupreme court and any other relevant Indiana law.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-4
Duties of initiating tribunal
Sec. 4. (a) Upon the filing of a petition authorized by this article,an initiating Indiana tribunal shall forward three (3) copies of thepetition and its accompanying documents to:
(1) the responding tribunal; or
(2) an appropriate support enforcement agency in theresponding state.
However, if the identity of the responding tribunal is unknown, thecopies must be forwarded to the state information agency of theresponding state with a request for the copies to be forwarded to theappropriate tribunal and for receipt to be acknowledged.
(b) If a responding state has not enacted the Uniform InterstateFamily Support Act or a law or procedure substantially similar to theUniform Interstate Family Support Act, an Indiana tribunal may issuea certificate or other documents and make findings required by thelaw of the responding state. If the responding state is a foreignjurisdiction, the tribunal may specify the amount of support soughtand provide other documents necessary to satisfy the requirementsof the responding state.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.20.
IC 31-18-3-5
Duties and powers of responding tribunal
Sec. 5. (a) When a responding Indiana tribunal receives a petitionor comparable pleading from an initiating tribunal or directly undersection 1(c) of this chapter, the responding tribunal shall:
(1) file the petition or pleading; and
(2) notify the petitioner by first class mail of the location anddate that the petition or comparable pleading was filed.
(b) A responding Indiana tribunal, to the extent otherwiseauthorized by law, may do one (1) or more of the following:
(1) Issue or enforce a support order, modify a child supportorder, or enter a judgment to establish paternity.
(2) Order an obligor to comply with a support order, specifyingthe amount and the manner of compliance.
(3) Order income withholding.
(4) Determine the amount of any arrearages and specify amethod of payment.
(5) Enforce orders by civil or criminal contempt, or both.
(6) Set aside property for satisfaction of the support order.
(7) Place liens and order execution on the obligor's property.
(8) Order an obligor to keep a tribunal informed of the obligor'scurrent: (A) residential address;
(B) telephone number;
(C) income payor;
(D) address of employment; and
(E) telephone number at the place of employment.
(9) Issue a bench warrant or body attachment for an obligor whohas failed after proper notice to appear at a hearing ordered bythe tribunal, and enter the bench warrant in any local and statecomputer systems for criminal warrants.
(10) Order the obligor to seek appropriate employment byspecified methods.
(11) Award reasonable attorney's fees and other fees and costs.
(12) As appropriate, grant any other available remedy underfederal or state law.
(c) A responding Indiana tribunal shall include in:
(1) a support order issued under this article; or
(2) the documents accompanying the order;
the calculations upon which the support order is based.
(d) A responding Indiana tribunal may not condition the paymentof a support order issued under this article upon a party's compliancewith provisions for parenting time.
(e) If a responding Indiana tribunal issues an order under thisarticle, the Indiana tribunal shall send a copy of the order by firstclass mail to the:
(1) petitioner;
(2) respondent; and
(3) initiating tribunal, if any.
As added by P.L.1-1997, SEC.10. Amended by P.L.68-2005, SEC.54.
IC 31-18-3-6
Inappropriate tribunal
Sec. 6. If a petition or comparable pleading is received by aninappropriate Indiana tribunal, the inappropriate tribunal shall:
(1) forward the pleading and accompanying documents to anappropriate tribunal in Indiana or another state; and
(2) notify the initiating state by first class mail regarding thedate and location that the pleading was sent. Whenever theinappropriate tribunal is unable to identify the appropriatetribunal under this section, the inappropriate tribunal shallreturn the pleading and accompanying documents to theinitiating state.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-7
Duties of Title IV-D agency
Sec. 7. (a) An Indiana Title IV-D agency, upon request, shallprovide services to a petitioner who is an obligee in a proceedingunder this article.
(b) A Title IV-D agency, or its agents, that is providing servicesto the petitioner under this article shall: (1) take the steps necessary to enable an appropriate Indianatribunal or another state to obtain jurisdiction over therespondent;
(2) request an appropriate tribunal to set a date, time, and placefor a hearing;
(3) make a reasonable effort to obtain all relevant information,including information regarding income and property of theparties;
(4) not later than ten (10) days, exclusive of Saturdays,Sundays, and legal holidays, after receipt of a written noticefrom an initiating, a responding, or a registering tribunal, senda copy of the notice by first class mail to the petitioner;
(5) not later than ten (10) days, exclusive of Saturdays,Sundays, and legal holidays, after receipt of a writtencommunication from the respondent or the respondent'sattorney, send a copy of the communication by first class mailto the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent maynot be obtained.
(c) This article does not create or negate:
(1) an attorney-client; or
(2) other fiduciary;
relationship between an attorney for either the Title IV-D agency orits agents and the individual being assisted.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.21.
IC 31-18-3-8
Neglect or refusal to provide services by Title IV-D agency
Sec. 8. If the department determines that an agent of the TitleIV-D agency is neglecting or refusing to provide services to anindividual, the department may:
(1) direct the agent to perform duties of the agent under thisarticle; or
(2) provide the services directly to the individual.
As added by P.L.1-1997, SEC.10. Amended by P.L.145-2006,SEC.242.
IC 31-18-3-9
Private counsel
Sec. 9. An individual may employ private counsel to represent theindividual in proceedings authorized by this article.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-10
Duties of the department
Sec. 10. (a) The department is the state information agency forIndiana under this article.
(b) The department shall do the following:
(1) Compile and maintain a current list, including addresses, of
each Indiana tribunal that has jurisdiction under this article andtransmit a copy of the list to the state information agency ofevery state.
(2) Maintain a registry of tribunals and support enforcementagencies received from other states.
(3) Forward to the appropriate tribunal in the location in Indianain which:
(A) the obligee or the obligor resides; or
(B) the obligor's property is believed to be located;
all documents concerning a proceeding under this articlereceived from an initiating tribunal or the state informationagency of the initiating state.
(4) Obtain information concerning the location of the obligorand the obligor's property within Indiana that is not exemptfrom execution by the following methods:
(A) Postal verification.
(B) Federal or state locator services.
(C) Examination of telephone directories.
(D) Requests for the obligor's address from employers.
(E) Examination of governmental records, including, to theextent not prohibited by other law, records relating to thefollowing:
(i) Real property.
(ii) Vital statistics.
(iii) Law enforcement.
(iv) Taxation.
(v) Motor vehicles.
(vi) Driver's licenses.
(vii) Social Security.
(viii) Worker's compensation.
As added by P.L.1-1997, SEC.10. Amended by P.L.145-2006,SEC.243.
IC 31-18-3-11
Pleadings and accompanying documents
Sec. 11. (a) A petitioner seeking to establish or modify a supportorder or to establish paternity in a proceeding under this article mustverify the petition. Unless otherwise ordered under section 12 of thischapter, the petition or accompanying documents must provide thefollowing if available:
(1) The names, residential addresses, and Social Securitynumbers of the obligor and the obligee.
(2) The name, sex, residential address, Social Security number,and date of birth of each child for whom support is sought.
(3) Any other information that may assist in locating oridentifying the respondent.
(b) The petition must:
(1) be accompanied by a certified copy of any support order ineffect; and
(2) specify the relief sought. (c) The petition and accompanying documents must conformsubstantially with the requirements imposed by the forms mandatedby federal law for use in cases filed by a support enforcementagency.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-12
Nondisclosure of information in exceptional circumstances
Sec. 12. Upon a finding, which may be made ex parte, that thehealth, safety, or liberty of a party or child may be unreasonably putat risk by the disclosure of identifying information, or as provided byan existing order, a tribunal or a Title IV-D agency or its agents maydetermine that:
(1) the address of the party or child; or
(2) other identifying information;
may not be disclosed in a pleading or other document filed in aproceeding under this article.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-13
Costs and fees
Sec. 13. (a) The petitioner or Title IV-D agent, or both, may notbe required to pay a filing fee.
(b) Whenever appropriate, a responding tribunal may assessagainst either party all or part of the following:
(1) filing fees;
(2) reasonable attorney's fees;
(3) necessary travel expenses;
(4) blood or genetic testing costs; and
(5) any other reasonable expenses incurred by the party andtheir witnesses.
(c) The tribunal may not assess costs described in subsection (b)against the obligee or the support enforcement agency of either theinitiating or the responding state, except as otherwise provided bylaw.
(d) Attorney's fees may be ordered. If attorney's fees are ordered,the court shall order the fees to be paid directly to the attorney, whomay enforce the order in the attorney's own name. However, paymentof support owed to the obligee has priority over fees, costs, andexpenses.
(e) The tribunal shall order the payment of costs and reasonableattorney's fees if the tribunal determines that a hearing was requestedprimarily as the result of delay. In a proceeding under IC 31-18-6, ahearing is presumed to have been requested primarily for delay if aregistered support order is confirmed or enforced without change.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-14
Limited immunity
Sec. 14. (a) Participation by a petitioner in a proceeding before a
responding tribunal whether:
(1) in person;
(2) by private attorney; or
(3) through services provided by the Title IV-D agency or itsagents;
does not confer personal jurisdiction over the petitioner in anotherproceeding.
(b) A petitioner is not amenable to service of civil process whilephysically present in Indiana to participate in a proceeding under thisarticle.
(c) The immunity granted by this section does not extend to civillitigation based on acts unrelated to a proceeding under this articlecommitted by a party while present in Indiana to participate in theproceeding.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-15
Nonparentage as defense
Sec. 15. A party whose paternity of a child has been previouslydetermined by law may not plead nonparentage as a defense to aproceeding under this article.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-16
Special rules of evidence and procedure
Sec. 16. (a) The physical presence of the petitioner in aresponding Indiana tribunal is not required:
(1) for establishing, enforcing, or modifying a support order; or
(2) for a judgment of paternity.
(b) A verified petition, affidavit, or document substantiallycomplying with federally mandated forms and a documentincorporated by reference in any of them, not excluded under thehearsay rule if given in person, is admissible into evidence if givenunder oath by a party or witness residing in another state.
(c) A copy of the record of child support payments certified as atrue copy of the original by the custodian of the record may beforwarded to a responding tribunal. The certified copy is:
(1) evidence of facts asserted in the copy; and
(2) admissible to show whether payments were made.
(d) Copies of bills for:
(1) paternity testing; and
(2) prenatal and postnatal health care of the mother and child;
furnished to the adverse party at least ten (10) days before trial areadmissible into evidence to prove the amount of the charges billedand that the charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from another state to anIndiana tribunal by telephone, telecopier, or other means that do notprovide an original writing may not be excluded from evidence on anobjection based on the means of transmission.
(f) In a proceeding under this article, an Indiana tribunal may
permit a party or witness residing in another state to be deposed orto testify by telephone, audiovisual means, or other electronic meansat:
(1) a designated tribunal; or
(2) another designated location in the other state.
The deposition or testimony must be conducted while the party orwitness is under oath. An Indiana tribunal shall cooperate with atribunal in another state in designating an appropriate location for thedeposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answeron the ground that the testimony may be self-incriminating, the trierof fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications betweenspouses who are parties to the proceeding does not apply in aproceeding under this article.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-17
Communication between tribunals
Sec. 17. (a) An Indiana tribunal may communicate with a tribunalof another state in writing, by telephone, or any other means toobtain information concerning the:
(1) laws of the other state;
(2) legal effect of a judgment, a decree, or an order of the otherstate's tribunal; and
(3) status of a proceeding in the other state.
(b) An Indiana tribunal may furnish similar information by similarmeans to a tribunal of another state.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-18
Assistance with discovery
Sec. 18. An Indiana tribunal may:
(1) request a tribunal of another state to assist in obtainingdiscovery; and
(2) upon request, compel a person over whom the Indianatribunal has jurisdiction to respond to a discovery order issuedby the tribunal of another state.
As added by P.L.1-1997, SEC.10.
IC 31-18-3-19
Receipt and disbursement of payments
Sec. 19. An Indiana tribunal shall promptly disburse amountsreceived under a support order as directed by the order. The agencyor tribunal shall furnish to a:
(1) requesting party; or
(2) tribunal of another state;
a certified statement by the custodian of the record of the amount anddate of each payment received.
As added by P.L.1-1997, SEC.10.