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Indiana State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
92 local counties.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
IC 31-25-4-13.1(d)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
IC-31-18.5
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
2 copies, including 1 that is certified. However, if the only action requested is enforcement of an Indiana court order, only 1 copy of a transmittal #1 is required and any payment records if payments were made through the requesting state.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Sweden, Germany, and signatory countries to a treaty with U.S.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **
Yes.

D. Age of Majority

D1. What is the age of majority in your state?
19
D2. What is the statutory citation for the age of majority?
IC 31-16-6-6
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
21 until July 01, 2012 when Indiana's age of majority changed to 19, unless child has been determined to be legally incapacitated.
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
Only with regard to orders for post-secondary educational expenses. If a child support order was entered prior to July 01 2012, parties may seek a modification of that order to include support for post-secondary educational needs at any time before the child turns 21. For child support orders entered July 01, 2012, or later, a petition for educational needs must be filed before the child turns 19.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
If a child has been determined to be incapacitated by the court, child support can continue until incapacity is removed.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes
D8.1 If not, how does this affect interstate referrals?
N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
IC 34-11-2-10. An action to enforce a child support obligation must be commenced not later than ten (10) years after: (1) the eighteenth birthday of the child; or (2) the emancipation of the child; whichever occurs first. 20 years for judgments including missed payment automatic judgments.
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E2. What is your State's statute of limitations for paternity establishment?
Child may file before 20 years of age. The mother, a man alleging to be the child's father, or the department or its agents must file a paternity action not later than two (2) years after the child is born.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares Model.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Only on adjudicated arrears when court ordered.
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F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
If court adjudicates an accrued arrearage, interest may be awarded, if requested by a party and the court orders it. The court may order interest at up to 1.5% per month.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
If court adjudicates an accrued arrearage, interest may be awarded, if requested by a party and the court orders it. The court may order interest at up to 1.5% per month.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
N/A
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Costs of genetic tests may be recovered from the obligee as ordered by a court or as agreed upon by the parties.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Costs of genetic tests may be recovered from the obligor as ordered by a court or as agreed upon by the parties. Also, Annual Support Fee may be charged.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
N/A.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
IC 31-18.5-2-1
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Indiana enforces a spousal support obligation only if it is in conjunction with a current child support order.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
Additional information may be requested regarding a new spouse or partner on a case by case basis.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Collect from NCP
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No. Indiana will not collect the fee from the custodial party.
F11.2 Does your state collect the fee from the person applying for IV-D services?
Only if the person applying is the NCP.
F11.3. Does your state collect the fee from the absent parent?
Yes. Indiana will collect the fee from the NCP.
F11.4. Does your state pay the fee out of its own funds?
Indiana will only pay this fee out of our own funds if we have not collected enough money to cover the amount owed on the eligible cases.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009.
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No.
F14. Does your state participate in the pass-through in former assistance cases?
No.
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Proof of receipt of TANF and a request to redirect payments.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
The medicaid recipient must have legal custody or guardianship of child and a change of payee is requested.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
The new payee must have legal custody or guardianship of child.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
From the NCP
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
May assess filing fees, reasonable attorney's fees, other costs and necessary travel and other reasonable expenses incurred by obligee and obligee's witnesses. IC 31-18.5-3-13
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes but they must be manually generated by the caseworker.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes but they must be manually generated by the caseworker.

G. Income Withholding

G1. What specific source of income is not subject to withholding?
SSI, State employee retirement benefits.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2.00
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Not later than the first payday after 14 days following the date the notice was received. IC 31-16-15-2.7
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
At the same time the obligor is paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Non complying income payors are subject to contempt of court.
G7. What is the penalty to an employer for failure to remit payments withheld?
Civil suit by the obligor against income payor for amount withheld and not paid, interest, attorney fees and court costs. Civil suit by obligee for amount of income not paid including health insurance coverage. IC 31-16-15-23
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
The Centralized Enforcement Unit receives these types of income withholding orders and forwards the appropriate orders to the Indiana Department of Workforce Development (DWD). The DWD should be listed as the employer. Mail the order in C/O Indiana State Child Support Bureau; ATTN: CEU; 402 West Washington Street MS 11; Indianapolis IN 46204. Direct income withholding should not be done if Indiana is already enforcing the case via a current UIFSA action.
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G8.2. What documents are required to intercept UI benefits?
An income withholding order.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Income withholding order needs to be sent to the insurance carrier paying the benefits.
G10. How does an obligor contest income withholding in your state?
For administrative income withholding - administrative hearing available. For court ordered income withholding - judicial appeal.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Funds are applied to current support obligations across all orders first, then to arrears owed to the custodial parents, and lastly to arrears owed to the state.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Toll free number for employer income withholding questions: 1-800-292-0403.
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No
G13. When does your state require the employer to send notice of an employee's termination?
Promptly, upon termination. No later than 10 days following termination. IC 31-16-15-2.7
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Three months
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
$55.00 Annual Support Fee.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
A web based payment application is available for employers to remit. http://www.in.gov/dcs/2507.htm A web based payment application is available for NCPs to remit. https://www.childsupportbillpay.com/indiana/
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, for employers only.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Current and delinquent child support must be satisfied before medical support is paid.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Current support and arrears are sent to one state and arrears sent to a second state for the same case. Current support is paid first each month. Adjudicated arrears with a periodic obligation are paid next. Unadjudicated arrears are paid last. If a third state makes a claim, one of the first two states must be paid in full before money is paid to that state.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
IC 31-16-15-17
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
Yes
H1.1. If yes, please explain.
Custody and visitation issues are not addressed in UIFSA cases however they may be addressed in local cases.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
IC 16-37-2-2.1
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
11/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
None.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Presumption rebutted by husband providing genetic test results showing him not to be the biological father.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
State law does not provide for paternity to be established in this manner.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Attempted marriage that is void or voidable.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Indiana Putative Father Registry. Please contact the Indiana State Department of Health at 317-233-7085.
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Birth certificates $10 - fee cannot be waived. There is no fee for a non-certified copy of hospital paternity affidavit if requested by a IV-D agency. Paternity affidavits may be requested in writing by e-mail or fax to: Vickie.Johnson@dcs.IN.gov or 317-232-4881. Please include the following information on your request: Mother's Name, Father's Name, Child's Name & Date of Birth.
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
01/01/1958
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
It was recognized until 1958.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Availability varies with each county.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
IC 31-18.5-2-1
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Parties can be court ordered to repay.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Paternity Affidavit or court order adjudicating paternity.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Separate packet for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A
I1.2. Under what circumstances would a judicial process would be used?
All Circumstances.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The income of both parents is considered in calculating support per the state's guidelines. In the case of an incapacitated adult child, the court may consider the adult child's income.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
There is not specific criteria for rebutting the presumptive guidelines. The guidelines and commentary allow judges to deviate from the presumptive amount on a case by case basis.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
For an initial paternity filing; court must order support to begin as of date of filing of petition; court may order support retroactive to date of child's birth. In a non-paternity support order establishment situation, support can be ordered no earlier than date of the filing.
I4.2. What information or documentation does your State require to proceed?
Information required to proceed is determined on a case by case basis.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Limited to initial paternity filings.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
To establish/implement income withholding orders, to suspend driver's and professional licenses.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
IC 31-25-4
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I7. Is there a local state law that allows an interstate administrative subpoena?
IC 31-25-3-3 allows Indiana IV-D agency to issue administrative subpoena. There are no provisions for administrative subpoena from other states.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modify order to determine support amount.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Yes.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Yes.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor. Forward documents by certified mail.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
It is possible to send and receive pleading and documents in international cases but it depends on the local policies of the enforcement offices and the courts. Contact the IV-D Prosecutor's office that is enforcing the case for details.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child Care expenses and extraordinary expenses are part of Indiana's guideline worksheet and should be included there. Extra-curricular activities and cash medical support may be added into the order in addition to the child support guideline amount.
I17. Please provide the relevant statutory or case law citation. **
Indiana Child Support Rules and Guidelines
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The court may order mediation on a case by case basis. There is no statute requiring mediation.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Both. Administrative for IV-D cases. Non-IV-D cases can now go to court for this but not through our offices. Judicial for Non-IV-D cases.
J2. Is the lien process in your state judicial, administrative, or both?
Both, may be administrative or judicial procedures.
J2.1. What are the trigger criteria for filing a lien?
Most liens are triggered with an arrearage balance of $2,000 or three months with no payments. Liens against motor vehicles are triggered at $1,000. Driver's License eligibility is $2,000. Our system will automatically pick these cases up at $3,000 but they can be added manually at $2,000.
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
County Recorder's Office for Real Estate Liens; Bureau of Motor Vehicles for property registered with the BMV.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
None for IV-D cases processed through Indiana Central Registry; for non-UIFSA cases $13.00 for first page & $2.00 for each subsequent page. For real property, the amount varies by county.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial process.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When, subsequent to a FIDM match, action to encumber is initiated.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
Yes.
For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
If income withholding already exists, notice is not necessary. If income withholding does not exist, notice would be required to be provided by the state.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Obligor must file an appeal with state agency within 20 days of date of notice.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
NCP must be delinquent in their support obligation.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$2,000 or 3 months of past due court ordered child support.
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes, for Freeze and Seize procedure.
J5.3.1. If yes, please provide the time frame.
For Freeze and Seize, $2,000 delinquent or three (3) months past due support.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No. We request the financial institution leave $500 in a checking account.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
Financial Institution
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Under the current process, Fourteen (14) days from date financial institution receives income withholding order.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
N/A
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Account funds do not belong to NCP; NCP does not owe claimed arrearage amount.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Non-debtor can request administrative determination of proportionate ownership of account. After exhausting administrative remedies, judicial review is allowed.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Neither.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
IC 31-25-4-31
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes, fourteen (14) days.
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Fourteen (14) days after receipt of legal encumbrance.
For Additional Information - exit disclaimer
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Worker's compensation and unemployment compensation are administrative and judicial. However, state retirement benefits are not subject to withholding.
J7. Describe any other administrative enforcement procedures your state may have.
Offset of state lottery, casino winnings, state tax refunds and unclaimed property.
J8. Describe any other judicial enforcement procedures your state may have.
Contempt actions.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Liens on real property may be filed in the County Recorder's office of the appropriate Indiana county where the property is located.
For Additional Information - No Link Provided
J10. Which of your state's enforcement remedies are available without judicial actions?
Liens on real and personal property, income withholding orders, state tax offset, lottery offset, license suspensions including driver's, recreational and professional, and casino and gaming offsets as well as unclaimed property and insurance settlements.
J11. Describe your state's procedures for registering and enforcing another state's order.
Orders are registered in the clerk's office of the county in which the obligor resides. Enforcement is carried out in accordance with UIFSA requirements as incorporated by Indiana law. IN IC 31-18.5-6
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
N/A
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
IC 34-54-11
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Arrears of at least $1,000 or three (3) months past due.
J15. To which credit bureaus does your state report an obligor's child support information?
Experian
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
None.
J19. What documentation does your state require to proceed with an AEI request?
N/A
J20. What mandatory data elements does your state need to process AEI requests?
N/A
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
N/A
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
N/A
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
Send request to county IV-D office on transmittal #3. If unsure of which county holds the order or the case is NIVD, contact the central registry in writing.
J26. What is the procedure for obtaining a certified payment record?
Send request to county IV-D office on transmittal #3. If unsure of which county holds the order or the case is NIVD, contact the central registry in writing.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
Not if requested through a IV-D agency.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Notice is sent to the NCP advising the NCP of the delinquency and the possible suspension of driving privileges. The NCP has 20 days from the date the notice is mailed to request an administrative hearing to avoid license suspension. If the NCP is unsuccessful at the hearing, the driver's license will be suspended. There is no policy related specifically to low income parents or hardship exemptions.
J29. What triggers a driver's license revocation?
Delinquency. If the NCP IS $2,000 or 3 months past due on payment of court ordered child support.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
$2,000 or 3 months past due on payment of court ordered child support.
J30. Under what conditions may a noncustodial party restore the driver's license?
The NCP can establish a payment plan, including the implementation of an IWO, or pay the arrearage in full.
J30.1 What is the process for restoring a driver's license?
The NCP must contact the Title IV-D Prosecutor's office that suspended the license. The NCP needs to pay the arrearage in full or an IWO needs to be implemented and a payment plan must be established to repay the arrearage with the Title IV-D Prosecutor's Office enforcing the case.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
At a hearing, the NCP must prove to the satisfaction of the Title IV-D agency that public transportation is unavailable for travel by the NCP to and from the NCP's regular place of employment, in the course of the NCP's regular employment, to and from the NCP's place of worship, or to participate in parenting time with the NCP's children consistent with a court order granting parenting time. Only a judge can issue orders for a restricted license.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
$500.00 for NADC and $150.00 to TANF arrears.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes.
J38.2 What is the dollar amount?
$500.00 for NADC and $150.00 for TANF cases.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Social Security benefits received directly by the CP for the benefit of the child are credited as follows: 1) Disability benefits are automatically credited 2) Survivors benefits are not credited 3) retirement benefits are credited at the discretion of the court.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Mandatory for TANF cases every 3 years. By request of either party on non-TANF cases every 3 years.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Modifications are solely judicial and may only be obtained by court order. For review of an order, notice is sent to the parties to submit financial information. A new obligation is calculated and compared to the existing order. If there is at least a 20% difference, the Title IV-D Prosecutor will petition the court for a modification.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
At least one year has passed since the last modification and there is at least a 20% difference in the order and new calculation or there has been a continuing and substantial change of circumstances.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Incarceration of either parent or a change of custody.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
NCP is entitled to a dollar for dollar credit against the child support order for the portion of social security derivative benefits the child receives. Lump sum payments are also credited to arrears.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Not automatically. A court order is required to abate a child support order.
K7.2. What is the statutory citation for your abatement law?
N/A
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Pay records for any enforcement actions plus arrears calculation.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
For copies of paternity acknowledgements, requesting agencies should provide the following information: 1. Child's name 2. Date of birth 3. Indiana city & county of birth 4. Mother's maiden name 5. Father's name 6. Address where paternity affidavit is to be sent. Requests can be faxed to: 317-233-1289 or mailed to: ISDH Attn: Vital Records PO Box 7125 Indianapolis, IN 46206. There is no cost if requested by an identified IV-D agency. Paternity affidavits may also be requested in writing through the central registry office by e-mail or fax to: Vickie.Johnson@dcs.IN.gov or 317-232-4881. Please include the following information on your request: Mother's Name, Father's Name, Child's Name & Date of Birth.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Complete UIFSA packet.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
If arrears were adjudicated and the payment on the arrears amount was established after emancipation of the child, we would enforce for the established arrears payment only. If the payment amount on the arrears was established before emancipation and the non-custodial parent accrued additional unadjudicated arrears up to emancipation then an additional amount may be collected.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child: emancipates before the normal duration; is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else; marries; is adopted by someone other than the non-custodial parent; has been removed from the family and is a civil ward of the state; enters into military service prior to the normal duration; or the support order states that child support ceases prior to the normal duration. Any arrears accrued before the ending of child support are still collectable. All instances above must be ordered by the court and support ended judicially.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
There is not a definition of Lump Sum however, our statute does give an example of the type of payment from an income payor that is subject to a withholding order i.e. severance pay, sick pay, vacation pay, commissions, bonus payments, or any other Lump Sum payment.
L1.2 Provide the statutory citation.
IC 31-16-15-19
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
Contact the Employer Maintenance Unit with the Central Child Support Bureau office at emu@dcs.IN.gov.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Within a week of the employer reporting the lump sum.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
N/A
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
N/A - CCPA limits apply
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
CCPA
L9.4. If no, what percentage is the employer required to withhold?
N/A.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
For the period of time in which the lump sum payment was earned
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
This is administered by the State of Indiana, not a vendor.
L12. Does your state have a debit card program?
Yes.
L12.1 If so, specify the vendor.
Xerox.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Unemployment and State Payroll
L13.1 If so, are there fees involved?
Yes.
L14. What are the fees associated with using the card?
Vendor Specified.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by income withholding, check or warrant, credit card, electronic funds transfer, cash or money order.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by paper check or warrant. In some instances a debit card may be issued to the custodial parent for electronic funds transfer of payments. Payments cannot be issued to foreign child support authorities or bank accounts by electronic funds at this time.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority and processed upon receipt. Currently international payments are received by paper check.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
The NCP must be delinquent at least $500.00 for NADC and $150.00 for TANF cases to be submitted to the Federal Office of Child Support Enforcement for insurance match with Indiana. We do not have a specific statute defining our criteria, but we follow this method.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
The NCP must be delinquent at least $500.00 for NADC and $150.00 for TANF cases.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
N/A
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
N/A
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
IC 31-25-3-2; IC 31-25-3-3
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
Insurance Company.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
IC 31-16-15
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
No.
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
No.
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
File UIFSA to IN Central Registry.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
No