IC 31-17-3.5
Chapter 3.5. Security to Secure Custody and Parenting Time
Orders
IC 31-17-3.5-1 Bonds; requirements
Sec. 1. A bond required under this article to secure enforcement
of a custody order or parenting time order must:
(1) be in writing; and
(2) be secured by:
(A) at least one (1) resident freehold surety; or
(B) a commercial insurance company. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.41.
IC 31-17-3.5-2 Bonds; form
Sec. 2. A bond described in section 1 of this chapter may be
prepared in substantially the following form:
STATE OF INDIANA )
) SS:
COUNTY OF __________________)
)
)
IN THE MATTER OF:
)
)
Name of Parent (As the Principal)
)
Name of Parent (As the Obligee)
)
)
CHILD:
)
Name of Child
)
KNOW ALL MEN BY THESE PRESENTS, that we _________,
as Principal, and _____, as Surety, are held and firmly bound unto
_____, as Obligee, in the penal sum of ____ Dollars ($____), for the
payment of which well and truly to be made we hereby bind
ourselves and our heirs, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
WHEREAS, an Order was duly made and entered by the above
Court in the State of Indiana, County of ____, dated ____, defining
custody, parenting time, and support rights regarding the named
children.
NOW THEREFORE, the conditions of this obligation are such
that:
1. No right of action on this bond shall be granted for the use
or benefit of any individual, partnership, corporation, or
other entity, other than the named Obligee.
2. It is agreed that neither this bond nor the obligation of this
bond, nor any interest in this bond, may be assigned
without the prior express written consent of the Surety.
3. Payment under this bond shall be conditioned upon the
Obligee's, or the representative of the Obligee's, filing a
motion with the court seeking a declaration of forfeiture of
the bond and the Court's finding and entry of a final
judgment ordering the Principal and Surety to make such
payment. A certified copy of the filing shall be provided
to the Surety at its address of record. The Surety shall
make payment within thirty (30) days of receiving
notification of the final judgment directly to a Trustee
appointed by the Court who shall administer the funds in
a fiduciary capacity.
4. The Surety shall not be liable hereunder for any amount
larger than the face amount of this bond.
5. This bond and the obligation hereunder shall terminate and
be of no further effect if the Court order requiring it is
modified in any way without the Surety's consent, the
Court order expires, or this cause is removed to another
jurisdiction.
6. The Surety may file a motion with the Court for discharge
of this bond and its obligation hereunder for any good
cause. Good cause includes, but is not limited to,
misrepresentation or fraud in the initial application for this
bond, nonpayment of premium, loss of collateral, or
resignation of the Indemnitor. The Surety shall give notice
of any such motion to the Obligee.
NOW THEREFORE, if said Principal shall faithfully comply with
the requirements and conditions of said Court Order within the
limitations and parameters set forth therein, then this Obligation shall
be void, otherwise it shall remain in full force and effect.
In witness whereof, each party to this bond has caused it to be
executed at the place and on the date indicated below.
Signed, sealed and dated on this ____ day of ____, 20___.
Principal: Surety:
__________________________ ____________________ _______
(Name and address of Principal) (Name and address of Surety)
__________________________ ___________________________
(Signature of Principal) (Countersigned by attorney-in-fact)
(Surety seal)
Witness: As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.42.
IC 31-17-3.5-3 Forfeiture; use of proceeds
Sec. 3. Upon forfeiture, the proceeds of security, a bond, or other
guarantee ordered to secure enforcement of a custody order or
parenting time order under this article may only be used to:
(1) reimburse the nonviolating party for actual costs or damages
incurred in upholding the court's order;
(2) locate and return the child to the residence as set forth in the
court's order; or
(3) reimburse reasonable fees and court costs to the court
appointed trustee. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.43.
IC 31-17-3.5-4 Forfeiture; excess proceeds
Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or
other guarantee ordered to secure enforcement of a custody order or
parenting time order under this article that are not applied to the
expenses described in section 3 of this chapter must be applied
toward:
(1) the child's postsecondary education; or
(2) the support and maintenance of the child. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.44; P.L.2-2007, SEC.363.
IC 31-17-3.5
Chapter 3.5. Security to Secure Custody and Parenting Time
Orders
IC 31-17-3.5-1 Bonds; requirements
Sec. 1. A bond required under this article to secure enforcement
of a custody order or parenting time order must:
(1) be in writing; and
(2) be secured by:
(A) at least one (1) resident freehold surety; or
(B) a commercial insurance company. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.41.
IC 31-17-3.5-2 Bonds; form
Sec. 2. A bond described in section 1 of this chapter may be
prepared in substantially the following form:
STATE OF INDIANA )
) SS:
COUNTY OF __________________)
)
)
IN THE MATTER OF:
)
)
Name of Parent (As the Principal)
)
Name of Parent (As the Obligee)
)
)
CHILD:
)
Name of Child
)
KNOW ALL MEN BY THESE PRESENTS, that we _________,
as Principal, and _____, as Surety, are held and firmly bound unto
_____, as Obligee, in the penal sum of ____ Dollars ($____), for the
payment of which well and truly to be made we hereby bind
ourselves and our heirs, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
WHEREAS, an Order was duly made and entered by the above
Court in the State of Indiana, County of ____, dated ____, defining
custody, parenting time, and support rights regarding the named
children.
NOW THEREFORE, the conditions of this obligation are such
that:
1. No right of action on this bond shall be granted for the use
or benefit of any individual, partnership, corporation, or
other entity, other than the named Obligee.
2. It is agreed that neither this bond nor the obligation of this
bond, nor any interest in this bond, may be assigned
without the prior express written consent of the Surety.
3. Payment under this bond shall be conditioned upon the
Obligee's, or the representative of the Obligee's, filing a
motion with the court seeking a declaration of forfeiture of
the bond and the Court's finding and entry of a final
judgment ordering the Principal and Surety to make such
payment. A certified copy of the filing shall be provided
to the Surety at its address of record. The Surety shall
make payment within thirty (30) days of receiving
notification of the final judgment directly to a Trustee
appointed by the Court who shall administer the funds in
a fiduciary capacity.
4. The Surety shall not be liable hereunder for any amount
larger than the face amount of this bond.
5. This bond and the obligation hereunder shall terminate and
be of no further effect if the Court order requiring it is
modified in any way without the Surety's consent, the
Court order expires, or this cause is removed to another
jurisdiction.
6. The Surety may file a motion with the Court for discharge
of this bond and its obligation hereunder for any good
cause. Good cause includes, but is not limited to,
misrepresentation or fraud in the initial application for this
bond, nonpayment of premium, loss of collateral, or
resignation of the Indemnitor. The Surety shall give notice
of any such motion to the Obligee.
NOW THEREFORE, if said Principal shall faithfully comply with
the requirements and conditions of said Court Order within the
limitations and parameters set forth therein, then this Obligation shall
be void, otherwise it shall remain in full force and effect.
In witness whereof, each party to this bond has caused it to be
executed at the place and on the date indicated below.
Signed, sealed and dated on this ____ day of ____, 20___.
Principal: Surety:
__________________________ ____________________ _______
(Name and address of Principal) (Name and address of Surety)
__________________________ ___________________________
(Signature of Principal) (Countersigned by attorney-in-fact)
(Surety seal)
Witness: As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.42.
IC 31-17-3.5-3 Forfeiture; use of proceeds
Sec. 3. Upon forfeiture, the proceeds of security, a bond, or other
guarantee ordered to secure enforcement of a custody order or
parenting time order under this article may only be used to:
(1) reimburse the nonviolating party for actual costs or damages
incurred in upholding the court's order;
(2) locate and return the child to the residence as set forth in the
court's order; or
(3) reimburse reasonable fees and court costs to the court
appointed trustee. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.43.
IC 31-17-3.5-4 Forfeiture; excess proceeds
Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or
other guarantee ordered to secure enforcement of a custody order or
parenting time order under this article that are not applied to the
expenses described in section 3 of this chapter must be applied
toward:
(1) the child's postsecondary education; or
(2) the support and maintenance of the child. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.44; P.L.2-2007, SEC.363.
IC 31-17-3.5
Chapter 3.5. Security to Secure Custody and Parenting Time
Orders
IC 31-17-3.5-1 Bonds; requirements
Sec. 1. A bond required under this article to secure enforcement
of a custody order or parenting time order must:
(1) be in writing; and
(2) be secured by:
(A) at least one (1) resident freehold surety; or
(B) a commercial insurance company. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.41.
IC 31-17-3.5-2 Bonds; form
Sec. 2. A bond described in section 1 of this chapter may be
prepared in substantially the following form:
STATE OF INDIANA )
) SS:
COUNTY OF __________________)
)
)
IN THE MATTER OF:
)
)
Name of Parent (As the Principal)
)
Name of Parent (As the Obligee)
)
)
CHILD:
)
Name of Child
)
KNOW ALL MEN BY THESE PRESENTS, that we _________,
as Principal, and _____, as Surety, are held and firmly bound unto
_____, as Obligee, in the penal sum of ____ Dollars ($____), for the
payment of which well and truly to be made we hereby bind
ourselves and our heirs, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
WHEREAS, an Order was duly made and entered by the above
Court in the State of Indiana, County of ____, dated ____, defining
custody, parenting time, and support rights regarding the named
children.
NOW THEREFORE, the conditions of this obligation are such
that:
1. No right of action on this bond shall be granted for the use
or benefit of any individual, partnership, corporation, or
other entity, other than the named Obligee.
2. It is agreed that neither this bond nor the obligation of this
bond, nor any interest in this bond, may be assigned
without the prior express written consent of the Surety.
3. Payment under this bond shall be conditioned upon the
Obligee's, or the representative of the Obligee's, filing a
motion with the court seeking a declaration of forfeiture of
the bond and the Court's finding and entry of a final
judgment ordering the Principal and Surety to make such
payment. A certified copy of the filing shall be provided
to the Surety at its address of record. The Surety shall
make payment within thirty (30) days of receiving
notification of the final judgment directly to a Trustee
appointed by the Court who shall administer the funds in
a fiduciary capacity.
4. The Surety shall not be liable hereunder for any amount
larger than the face amount of this bond.
5. This bond and the obligation hereunder shall terminate and
be of no further effect if the Court order requiring it is
modified in any way without the Surety's consent, the
Court order expires, or this cause is removed to another
jurisdiction.
6. The Surety may file a motion with the Court for discharge
of this bond and its obligation hereunder for any good
cause. Good cause includes, but is not limited to,
misrepresentation or fraud in the initial application for this
bond, nonpayment of premium, loss of collateral, or
resignation of the Indemnitor. The Surety shall give notice
of any such motion to the Obligee.
NOW THEREFORE, if said Principal shall faithfully comply with
the requirements and conditions of said Court Order within the
limitations and parameters set forth therein, then this Obligation shall
be void, otherwise it shall remain in full force and effect.
In witness whereof, each party to this bond has caused it to be
executed at the place and on the date indicated below.
Signed, sealed and dated on this ____ day of ____, 20___.
Principal: Surety:
__________________________ ____________________ _______
(Name and address of Principal) (Name and address of Surety)
__________________________ ___________________________
(Signature of Principal) (Countersigned by attorney-in-fact)
(Surety seal)
Witness: As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.42.
IC 31-17-3.5-3 Forfeiture; use of proceeds
Sec. 3. Upon forfeiture, the proceeds of security, a bond, or other
guarantee ordered to secure enforcement of a custody order or
parenting time order under this article may only be used to:
(1) reimburse the nonviolating party for actual costs or damages
incurred in upholding the court's order;
(2) locate and return the child to the residence as set forth in the
court's order; or
(3) reimburse reasonable fees and court costs to the court
appointed trustee. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.43.
IC 31-17-3.5-4 Forfeiture; excess proceeds
Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or
other guarantee ordered to secure enforcement of a custody order or
parenting time order under this article that are not applied to the
expenses described in section 3 of this chapter must be applied
toward:
(1) the child's postsecondary education; or
(2) the support and maintenance of the child. As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005,
SEC.44; P.L.2-2007, SEC.363.
