CHAPTER 5. DIRECT ENFORCEMENT OF AN ORDER OF ANOTHER STATE WITHOUT REGISTRATION
IC 31-18-5
Chapter 5. Direct Enforcement of an Order of Another StateWithout Registration
IC 31-18-5-1
Recognition of income withholding order of another state
Sec. 1. (a) An income withholding order issued in another statemay be sent by first class mail to the person or entity defined as theobligor's income payor under Indiana's income withholding lawunder IC 31-16-15 without first filing a petition or registering theorder with an Indiana tribunal. Upon receipt of the order, the incomepayor shall:
(1) treat an income withholding order issued in another statethat appears regular on its face as if the order had been issuedby an Indiana tribunal;
(2) immediately provide a copy of the order to the obligor; and
(3) distribute the funds as specified in section 1.1 of thischapter.
(b) An obligor may contest the validity or enforcement of anincome withholding order issued in another state in the same manneras if the order had been issued by an Indiana tribunal. IC 31-18-6applies to the contest.
(c) The obligor shall give notice of the contest under this sectionto:
(1) any support enforcement agency providing services to theobligee; and
(2) a person or an agency designated in the income withholdingorder to receive payments, or if a person or an agency is notdesignated, the obligee.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.22.
IC 31-18-5-1.1
Compliance with withholding order
Sec. 1.1. (a) Except as provided in subsection (b) andIC 31-18-6-2.1, an employer shall withhold and distribute the fundsas directed in a withholding order by complying with the applicableterms of the order that specify the following:
(1) The duration and the amount of periodic payments ofcurrent child support, stated as a certain sum.
(2) The person or agency designated to receive payments andthe address to which the payments are to be forwarded.
(3) Medical support, whether in the form of periodic cashpayments, stated as a certain sum, or an order to the obligor toprovide health insurance coverage for the child under a policyavailable through the obligor's employment.
(4) The amount of periodic payments of fees and costs for asupport enforcement agency, the issuing tribunal, and theobligee's attorney, stated as a certain sum.
(5) The amount of periodic payments of arrears and interest on
arrears, stated as a certain sum.
(b) The employer shall comply with the law of the state of theobligor's principal place of employment for withholding from incomewith respect to:
(1) the employer's fee for processing an income withholdingorder or credit;
(2) the maximum amount permitted to be withheld from theobligor's income; and
(3) the periods within which the employer must implement thewithholding order and forward the child support payment.
As added by P.L.213-1999, SEC.23.
IC 31-18-5-2
Administrative enforcement of orders
Sec. 2. (a) Whenever enforcement is sought for:
(1) a support order;
(2) an income withholding order; or
(3) both;
issued in a Title IV-D case by a tribunal of another state, documentsrequired for registering the order may be sent to the Title IV-Dagency of Indiana.
(b) Upon receipt of the documents, the Title IV-D agency, withoutinitially seeking to register the order, shall consider and, ifappropriate, use any administrative procedure authorized by Indianalaw to enforce a support order or an income withholding order orboth.
(c) If the obligor does not contest administrative enforcement, theTitle IV-D agency is not required to register the order. If noadministrative procedure authorized by Indiana law is used, the TitleIV-D agency shall send the documents required for registering theorder to the appropriate Title IV-D agency.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.24.