CHAPTER 4. CHILD SUPPORT PAYMENTS

IC 33-32-4
    Chapter 4. Child Support Payments

IC 33-32-4-1
"Electronic funds transfer" defined
    Sec. 1. As used in this chapter, "electronic funds transfer" meansany transfer of funds, other than a transaction originated by check,draft, or similar paper instrument, that is initiated through anelectronic terminal, a telephone, or a computer or magnetic tape forthe purpose of ordering, instructing, or authorizing a financialinstitution to debit or credit an account.
As added by P.L.98-2004, SEC.11.

IC 33-32-4-2
"Indiana support enforcement tracking system (ISETS)" defined
    Sec. 2. As used in this chapter, "Indiana support enforcementtracking system (ISETS)" refers to the statewide automated systemfor the collection, disbursement, and distribution of child supportpayments established by the department of child services.
As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,SEC.365.

IC 33-32-4-3
Receipt of funds
    Sec. 3. The clerk may receive funds:
        (1) in payment of judgments; and
        (2) ordered to be paid into the court by the judge.
As added by P.L.98-2004, SEC.11.

IC 33-32-4-4
Clerk's liability
    Sec. 4. Except as provided in sections 5 and 8 of this chapter, theclerk is liable, with the clerk's sureties, on the clerk's official bondfor all funds received to any person who is entitled to demand andreceive those funds from the clerk.
As added by P.L.98-2004, SEC.11.

IC 33-32-4-5
State central collection unit and clerk not liable
    Sec. 5. The state central collection unit is not liable and the clerkis not personally liable or liable in the clerk's official capacity on theclerk's official bond for funds received if the state central collectionunit or the clerk:
        (1) through error or in accordance with the best informationavailable to the state central collection unit or the clerk,disbursed the funds to a person the state central collection unitor the clerk reasonably believed to be entitled to receive thefunds and to comply with a:
            (A) child support order; or
            (B) garnishment order;        (2) inappropriately disbursed or misapplied child support funds,arising without the knowledge or approval of the state centralcollection unit or the clerk, that resulted from:
            (A) an action by an employee of, or a consultant to, thedepartment of child services or the Title IV-D agency;
            (B) an ISETS technological error; or
            (C) information generated by ISETS;
        (3) disbursed funds that the state central collection unit or theclerk reasonably believed were available for disbursement butthat were not actually available for disbursement;
        (4) disbursed child support funds paid to the central collectionunit by a personal check that was later dishonored by a financialinstitution; and
        (5) did not commit a criminal offense as a part of thedisbursement.
As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,SEC.366; P.L.148-2006, SEC.31.

IC 33-32-4-6
Improper disbursement of funds
    Sec. 6. If the state central collection unit or the clerk improperlydisburses funds in the manner described by section 5 of this chapter,the state central collection unit or the clerk shall do the following:
        (1) Deduct the amount of funds improperly disbursed from feescollected under IC 33-37-5-6.
        (2) Credit each account from which funds were improperlydisbursed with the amount of funds improperly disbursed undersection 5 of this chapter.
        (3) Notify the prosecuting attorney of the county of:
            (A) the amount of the improper disbursement;
            (B) the person from whom the amount of the improperdisbursement should be collected; and
            (C) any other information to assist the prosecuting attorneyto collect the amount of the improper disbursement.
        (4) Record each action taken under this subsection on a formprescribed by the state board of accounts.
As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006,SEC.32.

IC 33-32-4-7
Reimbursement
    Sec. 7. If:
        (1) fees collected under IC 33-37-5-6 are credited to an accountunder section 6(2) of this chapter because a check or moneyorder was dishonored by a financial institution or was thesubject of a stop payment order; and
        (2) a person subsequently pays to the clerk all or part of theamount of the check or money order that was dishonored or thesubject of a stop payment order;
the clerk must reimburse the account containing fees collected under

IC 33-37-5-6 using the amount the person paid to the clerk.
As added by P.L.98-2004, SEC.11.

IC 33-32-4-8
Dishonored checks
    Sec. 8. The clerk is not personally liable for the amount of adishonored check, for penalties assessed against a dishonored check,or for financial institution charges relating to a dishonored check, if:
        (1) the check was tendered to the clerk for the payment of a:
            (A) fee;
            (B) court ordered payment; or
            (C) license; and
        (2) the acceptance of the check was not an act or omissionconstituting gross negligence or an intentional disregard of theresponsibilities of the office of clerk.
As added by P.L.98-2004, SEC.11.

IC 33-32-4-9
Repealed
    (Repealed by P.L.148-2006, SEC.35.)