CHAPTER 6. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDERS AFTER REGISTRATION
IC 31-18-6
Chapter 6. Enforcement and Modification of Support Orders AfterRegistration
IC 31-18-6-1
Registration of order for enforcement
Sec. 1. A support order or an income withholding order issued bya tribunal of another state may be registered in Indiana forenforcement.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-2
Procedure to register order for enforcement
Sec. 2. (a) A support order or an income withholding order ofanother state may be registered in Indiana by sending the followingdocuments and information to the appropriate tribunal in Indiana:
(1) A letter of transmittal to the tribunal requesting registrationand enforcement.
(2) Two (2) copies, including one (1) certified copy, of eachorder that is required to be registered, including anymodification of an order.
(3) A sworn statement by the party seeking registration or acertified statement by the custodian of the records showing theamount of any arrearage.
(4) The name of the obligor and, if known:
(A) the obligor's address and Social Security number;
(B) the name and address of the obligor's employer and anyother source of income of the obligor; and
(C) a description and the location of property of the obligorin Indiana not exempt from execution.
(5) The name and address of the obligee and, if applicable, theagency or person to whom support payments must be remitted.
(b) On receipt of a request for registration, the registering tribunalshall cause the order to be filed as a foreign judgment, together withone (1) copy of the documents and information, regardless of form.
(c) A petition seeking a remedy that must be affirmatively soughtunder other Indiana law may be filed at the same time as the requestfor registration or later. The petition must specify the grounds for theremedy sought.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-2.1
Multiple orders for enforcement
Sec. 2.1. If an obligor's employer receives multiple orders towithhold support from the earnings of the same obligor, the employershall be considered to have satisfied the terms of the multiple ordersif the law of the state of the obligor's principal place of employmentto establish the priorities for withholding and allocating incomewithheld from multiple child support obligees is complied with.
As added by P.L.213-1999, SEC.25.
IC 31-18-6-2.2
Immunity from civil liability
Sec. 2.2. An employer who complies with an income withholdingorder issued in another state in accordance with this article is notsubject to civil liability to any individual or agency with regard to theemployer's withholding child support from the obligor's income.
As added by P.L.213-1999, SEC.26.
IC 31-18-6-2.3
Penalties
Sec. 2.3. An employer who willfully fails to comply with anincome withholding order issued by another state and received forenforcement is subject to the same penalties that may be imposed fornoncompliance with an order issued by a tribunal of this state.
As added by P.L.213-1999, SEC.27.
IC 31-18-6-3
Effect of registration for enforcement
Sec. 3. (a) A support order or an income withholding order issuedin another state is registered when the order is filed with the clerk ofthe appropriate court.
(b) A registered order issued in another state is:
(1) enforceable in the same manner; and
(2) subject to the same procedures;
as an order issued by an Indiana tribunal.
(c) Except as otherwise provided in this article, an Indianatribunal shall recognize and enforce but may not modify a registeredorder if the issuing tribunal had jurisdiction.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.28.
IC 31-18-6-4
Choice of law
Sec. 4. (a) The law of the issuing state governs the:
(1) nature, extent, amount, and duration of current paymentsand other obligations of support; and
(2) payment of arrearages under the order.
(b) In a proceeding for arrearages, the statute of limitations under:
(1) Indiana law; or
(2) the law of the issuing state;
whichever is longer, applies.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-5
Registry of registered foreign support orders
Sec. 5. The clerk of the court shall maintain a registry ofregistered foreign support orders:
(1) in an appropriate location for filing the orders; and
(2) in which the clerk shall file foreign support orders.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-6
Requirements for petition for registration
Sec. 6. (a) The petition for registration must:
(1) be verified and set forth:
(A) the amount remaining unpaid; and
(B) a list of any other states in which the support order isregistered; and
(2) have attached to it a certified copy of the support order withall modifications of the support order.
(b) The registered foreign support order shall be given full forceand effect subject to confirmation or rescission of the order by thecourt.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.29.
IC 31-18-6-7
Obtaining jurisdiction; defenses; default; adjudication
Sec. 7. (a) The procedure to obtain jurisdiction of the person orproperty of the obligor shall be as provided in civil cases. Theobligor may assert any defense available to an action on a foreignjudgment.
(b) If the obligor defaults, the court shall enter an order:
(1) confirming the registered support order; and
(2) determining the amounts remaining unpaid.
(c) If the obligor appears and a hearing is held, the court shalladjudicate the issues including the amounts remaining unpaid.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-8
Confirmed order precludes further contest
Sec. 8. Confirmation of a registered order, after notice andhearing, precludes further contest of the order regarding any matterthat could have been asserted at the time of registration.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-9
Procedure to register child support order of another state formodification
Sec. 9. (a) A party or Title IV-D agent seeking to modify or tomodify and enforce a child support order issued in another state shallregister the order in Indiana in the same manner as provided insections 1 through 4 of this chapter if the order has not beenregistered.
(b) A petition for modification may be filed at the same time as arequest for registration or later. The petition must specify thegrounds for modification.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-10
Effect of registration for modification Sec. 10. An Indiana tribunal may enforce a child support order ofanother state registered for purposes of modification in the samemanner as if the order had been issued by an Indiana tribunal.However, the registered order may be modified only if therequirements of section 11 of this chapter have been met.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-11
Modification of child support order of another state
Sec. 11. (a) After a child support order issued in another state hasbeen registered in Indiana, unless the provisions of section 13 of thischapter apply, the responding Indiana tribunal may modify the orderonly if, after notice and hearing, the responding tribunal finds that:
(1) the:
(A) child, individual obligee, and obligor do not reside in theissuing state;
(B) petitioner who is a nonresident of Indiana seeksmodification; and
(C) respondent is subject to the personal jurisdiction of theIndiana tribunal; or
(2) an individual party or the child is subject to the personaljurisdiction of the tribunal and all of the individual parties havefiled a written consent in the issuing tribunal providing that anIndiana tribunal may modify the support order and assumecontinuing, exclusive jurisdiction over the order. However, ifthe issuing state is a foreign jurisdiction that has not enacted theUniform Interstate Family Support Act, the written consent ofthe individual party residing in Indiana is not required for thetribunal to assume jurisdiction to modify the child supportorder.
(b) Modification of a registered child support order is subject tothe same requirements, procedures, and defenses that apply to themodification of an order issued by an Indiana tribunal. The ordermay be enforced and satisfied in the same manner.
(c) An Indiana tribunal may not modify any aspect of a childsupport order that may not be modified under the law of the issuingstate. If two (2) or more tribunals have issued child support ordersfor the same obligor and child, the order that is controlling and mustbe recognized under the provisions of IC 31-18-2-7 establishes thenonmodifiable aspects of the support order.
(d) Upon the modification of a child support order issued inanother state, an Indiana tribunal becomes the tribunal of continuing,exclusive jurisdiction.
(e) Not more than thirty (30) days after issuing a modified childsupport order, the party obtaining the modification shall file acertified copy of the order:
(1) with the issuing tribunal that had continuing, exclusivejurisdiction over the earlier order; and
(2) in each tribunal in which the party knows that the earlierorder has been registered. (f) Failure of the party obtaining the order to file a certified copyas required under subsection (e) subjects the party to appropriatesanctions by a tribunal in which the issue of failure to file arises, butthe failure has no effect on the validity or enforceability of themodified order of the new tribunal of continuing, exclusivejurisdiction.
As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,SEC.30.
IC 31-18-6-12
Recognition of order modified in another state
Sec. 12. An Indiana tribunal shall recognize a modification of itsearlier child support order by a tribunal of another state that assumedjurisdiction under a law substantially similar to this article. Uponrequest, except as otherwise provided in this article, the Indianatribunal shall do the following:
(1) Enforce the order that was modified only as to amountsaccruing before the modification.
(2) Enforce only nonmodifiable aspects of the order.
(3) Provide other appropriate relief only for a violation of theorder that occurred before the effective date of the modification.
(4) Recognize the modifying order of the other state, uponregistration, for the purpose of enforcement.
As added by P.L.1-1997, SEC.10.
IC 31-18-6-13
Jurisdiction to enforce issuing state's order
Sec. 13. (a) If all of the individual parties reside in Indiana and thechild does not reside in the issuing state, an Indiana tribunal hasjurisdiction to enforce and to modify the issuing state's child supportorder in a proceeding to register the order.
(b) An Indiana tribunal exercising jurisdiction as provided in thissection shall apply the provisions of IC 31-18-1, IC 31-18-2, and thischapter to the enforcement or modification proceeding. If theconditions of subsection (a) exist, IC 31-18-3 through IC 31-18-5,IC 31-18-7, and IC 31-18-8 do not apply, and the tribunal shall applythe procedural and substantive law of Indiana.
As added by P.L.213-1999, SEC.31.