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Indiana State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
There are 91 local IV-D Prosecutor offices serving 92 counties. Each office executes a cooperative agreement with CSB.
2. What is the name of your IV-D agency?
Indiana State Child Support Bureau
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Primarily Judicial with administrative enforcement remedies. All establishment of paternity/parentage and child support orders as well as modifications are judicial.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
21 until July 01,2012 when Indiana's age of majority changed to 19
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2. 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.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
Yes. 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.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
If the child is at least eighteen (18) years of age, has not attended a secondary school or post-secondary educational institution for the prior four (4) months and is not enrolled in a secondary school or post-secondary educational institution and is capable of supporting himself or herself through employment. The court may modify support instead of terminating if they are only partially supporting themselves or partially capable of supporting themselves. If the child is on active duty in the United States armed services; has married; is deceased; or is not under the care or control of either parent or an individual or agency approved by the court.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
If the child is at least eighteen (18) years of age, has not attended a secondary school or post-secondary educational institution for the prior four (4) months and is not enrolled in a secondary school or post-secondary educational institution and is capable of supporting himself or herself through employment. The court may modify support instead of terminating if they are only partially supporting themselves or partially capable of supporting themselves. If the child is on active duty in the United States armed services; has married; is deceased; or is not under the care or control of either parent or an individual or agency approved by the court.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
Yes, Indiana case law holds that a judicial determination to continue support beyond the statutory emancipation age may occur after the statutory emancipation age, so long as the disability occurred prior to that date.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
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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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Child may file before 20 years of age. The mother, a man alleging to be the father of the child, or the department or its agents must file a paternity action not later than two (2) years after the child is born. IC 31-14-5.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Income Shares Model.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes. If the 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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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
Yes. If an Indiana 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 percent per month. If it is a IV-D case, the IV-D Prosecuting Attorney office will calculate the arrears. If it a NIVD case, the clerk office will provide the tools for the participants to calculate the interest. Indiana will not calculate interest on other state court orders. The other state will need to provide that balance due on the case.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
Yes. If the 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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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
No.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Courts have discretion on determining appropriate payee of support and may require proof of custody or guardianship.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
Yes.
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7. 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.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
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.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No. Not automatically. A court order is required to abate a child support order.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
Yes. Custody and visitation issues are not addressed in UIFSA cases however they may be addressed in local cases.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
IC 16-37-2-2.1
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No. State law does not provide for paternity to be established in this manner.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
Yes. Attempted marriage that is void or voidable. See IC 31-14-7-1.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Indiana Putative Father Registry. Please contact the Indiana State Department of Health at 317-233-7085. (https://www.in.gov/health/vital-records/adoptions/register-a-putative-father/)
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
Paternity affidavits may be requested in writing by email or fax to: ICRU@dcs.IN.gov or 317-972-3112. Please include the following information on your request: Mother Name, Father Name (if known), Child Name and Date of Birth. There is no fee for a non-certified copy of hospital paternity affidavits if requested by a IV-D agency.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Paternity affidavits may be requested from the Indiana State Department of Health. Please include the following information on your request: Mother Name, Father Name (if known), Child Name & Date of Birth. Certified copies must but be requested from the Indiana State Department of Health. A minimum fee of $8.00 is required that cannot be waived. The fee for Birth Certificates is $10.00 and it cannot be waived. Requests should be sent to Indiana State Department of Health; ATTN: State Registrar / Vital Statistics; 2 N Meridian St; Indianapolis IN 46204. See their website for further details. https://www.in.gov/health/vital-records/
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9.1. Describe any circumstances under which these fees may be waived?
N/A.
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
No.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
Common law standard was no longer in effect as of 01/01/1958.
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
Separate packet for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
N/A.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
All circumstances.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
The income of both parents is considered in calculating support per state guidelines. In the case of an incapacitated adult child, the court may consider the adult child income.
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2.1. What documentation is required as proof/evidence of this information?
Courts have broad discretion in determining appropriate evidence.
3. 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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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes. 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 birth of child. In a non-paternity support order establishment situation, support can be ordered no earlier than date of the filing. See IC 31-14-11-5 & IC 31-16-16-6
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Information required to proceed is determined on a case-by-case basis.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
Yes.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Limited to initial paternity filings.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No. See IC 12-14-1-1(a) & IC 31-16-10
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5.1. What about when public assistance is not being expended?
Yes.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
Modify order to determine support amount.
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7. 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 custodial parent obtain legal custody before child support is addressed? Please describe.
Yes. A court order is required.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
SSI and State employee retirement benefits.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes. IC 31-16-15-2.7
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No.
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2.2. What are the withholding limits for non-employees?
None.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
$2.00.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
Yes. The Annual Support Fee.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
Not later than the first payday after 14 days following the date the notice was received.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
Not later than the first payday after 14 days following the date the notice was received.
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6. When must an employer remit amounts withheld from an employee's pay?
At the same time the obligor is paid.
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7. What are your state's sanctions for employers for not implementing income withholding?
Non-complying income payors are subject to contempt of court.
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7.1. What are the penalties 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 suite by obligee for amount of income not paid including health insurance coverage.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
Yes. Direct income withholding should not be done if Indiana is already enforcing the case via a current UIFSA action. Send the IWO to: Indiana Department of Workforce Development; c/o Indiana State Child Support Bureau; ATTN: CEU; 402 West Washington St MS 11; Indianapolis IN 462043. If there is already a IV-D case in Indiana for the parties, a UIFSA requesting enforcement is all that is needed. If this is an IN order, then only the Transmittal #1, the Child Support Agency Confidential Information Form and a payment record of any payments made through your state. Request an updated arrears calculation in the notes and it will be sent by the local enforcement office. If this is an order from another state, please forward the UIFSA and include a Transmittal #1, Child Support Agency Confidential Information Form, a copy of the court order and payment record with an arrears balance or an arrears calculation.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
N/A.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
No.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
Send a limited service UIFSA. Include a Transmittal #1, the Child Support Agency Confidential Information Form, a copy of the court order and the arrears balance requested.
10. How does a noncustodial parent contest an income withholding in your state?
An initial IWO may be contested by making written application to the IV-D agency not more than twenty (20) days after the date the notice is mailed to the obligor. The only basis on which an obligor may contest implementation of the IWO is mistake of fact. The obligor is entitled to an administrative hearing.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Currently IWO payments are paid on the case number submitted.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
Mandatory deductions include but are not limited to: state, federal and local taxes, statutory pension contributions, social security taxes and Medicare taxes.
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13. When does your state require the employer to send notice of an employee's termination?
Not later than 10 days after the employment of the obligor or income ceases.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Ongoing current, arrears, medical, spousal and then other support types. Next are paid arrears for these same categories.
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
PRWORA.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
We retain our state arrears before paying another state's arrears.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
Currently they are paid based upon the order of the receipt of requests.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
None.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
N/A.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
Arrears above $1,000.00.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Experian.
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative.
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
Once a non-custodial parent no longer has a past-due account, we notify them that it is the policy of the credit bureau that the info remains on the record for 7 years. The NCP is no longer reported for delinquent child support but once submitted it stays on their record for 7 years. We will notify the credit bureau that they are now at zero in our file.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes. $500 for Non-TANF, and $150 for TANF. FOP guide says that states can submit at $25 threshold - IN uses the same threshold as federal offset.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. $500 for Non-TANF, and $150 for TANF.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. $500 for Non-TANF, and $150 for TANF.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
Yes. $500 for Non-TANF, and $150 for TANF.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. $500 for Non-TANF, and $150 for TANF.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
No.
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16. Is the financial institution attachment process in your state centralized and/or automated?
Not centralized or automated.
17. What are the criteria to attach an account in a financial institution in your state?
NCP must be delinquent in their support more than $500.00.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
Send a Limited Service UIFSA requesting a financial institution attachment. Send the following documents: Transmittal #3; a Child Support Agency Confidential Information Form; copy of the underlying court order, and the amount of the arrears requested.
20. Does your state's income withholding definition include amounts in financial institutions?
Yes.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. The state.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
The financial institution should send / remit the funds immediately.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
No.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
All. No difference for joint accounts.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
Account funds do not belong to the NCP; NCP does not owe claimed arrearage amount.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
Yes.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
$2,000.00 or three (3) months past due on payment of court ordered child support.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
Pay the arrearage in full or the implementation of an IWO and a payment plan to repay the arrearage is established. Or a lump sum of eight (8) weeks of the most recent child support order is received. See IC 31-25-4-32 & IC 31-25-4-33.5.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
Yes. The obligor must petition the courts and request specialized driving privileges. See IC 9-30-16-4.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
$2,000.00 or three (3) months past due on payment of court ordered child support. License or Permit Types available for suspension: Employee Permit to be a Bartender, Waiter, Waitress or Manager in a Retail Establishment; License for Insurance Producers; License for Surplus Line Producers; License for Bail Agent and Recovery Agent; Indiana Gaming Commission Licenses; Indiana Horse Racing Commission Licenses. License, Certificate, Permit or Registration Issued by a Board of Professions Listed: Accountancy, Acupuncture, Addiction Counselors, Architects & Landscape Architects; Athletic Trainers, Auctioneers, Barbers, Behavioral Health & Human Services, Chiropractors, Cosmetology & Barber, Dentistry, Dieticians, Engineering, Funeral & Cemetery, Genetic Counselors, Health Facility Administrators, Hearing Aid Dealers, Home Inspectors, Interior Design, Manufactured Home Installers, Marriage & Family Therapists, Message Therapy, Physicians & Osteopathic Physicians, Mental Health Counselors, Midwifery, Nursing, Occupational Therapy, Optometry, Pharmacy, Physical Therapy, Physician Assistant, Plumbing, Podiatric Medicine, Private Investigator & Security Guard, Psychology, Real Estate, Real Estate Appraisers, Respiratory Care, Social Workers, Speech Language Pathology & Audiology, Surveyors, and Veterinary Medicine. See IC 31-16-12.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
Arrears paid in full. There is prosecutorial discretion in reinstating administratively suspended licenses including arrears paid in full, payment plan, case closes to IV-D services. For licenses suspended judicially, reinstatement requires further order of the court.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
$2,000.00 or three (3) months past due on payment of court ordered child support. License or Permit types available for suspension are Fishing, Hunting Trapping, Bait Dealer, Mussel, Fur Buyer, Nursery Dealer, and Ginseng Dealer.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
Pay the arrearage in full or the implementation of an IWO and a payment plan to repay the arrearage is established. Or a lump sum of eight (8) weeks of the most recent child support order is received.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No.
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36. What are the criteria for initiating/filing a lien in your state?
Delinquent amount more than $1,000.00 or three (3) months past due for lien on motor vehicle. Delinquent amount more than $2,000.00 or three (3) months past due for all other liens. See IC-25-4-30 & IC 31-25-4-2.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Both. May be administrative or judicial procedures.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes. Judicial. IV-D Prosecutor may obtain a court order for seizure and sale of property.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes. Administrative for IV-D cases. Non-IV-D case attorneys can now go to court for this but not through our offices.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes. Lottery, Casino Winnings and Sports Wagering.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative.
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
Income withholding of funds held by the attorney general as unclaimed property.
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Mandatory for TANF cases every 3 years. By request of either party on non-TANF cases.
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2. What is your state's modification procedure? Briefly describe.
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.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
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.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes. See IC 31-16-8-1.
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes. See IC 31-16-8-1.
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes.
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4.4. The cost of living has changed.
No. See IC 31-16-8-1.
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes. See IC 31-16-8-1.
4.6. There has been a substantial change in childcare expenses.
Yes. See IC 31-16-8-1.
4.7. 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.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
No.
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
No. 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.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No.
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
Income Withholding Order (IWO).

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
N/A.
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes, through normal enforcement measures.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
3.1. Is it retained by the state from support collected?
No.
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
yes.
3.4. Is it paid by the state out of its state funds?
No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No.
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
$150.00 for assigned arrears or $500.00 for arrears due the CP.
3. What process does your state use to intercept insurance payments?
Income Withholding Order (IWO).
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4. How does another state initiate and intercept collections from your states workers compensation agency?
An income withholding order needs to be sent to the insurance carrier paying the benefits.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).)
No.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
No.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs 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. There are no costs if requested through a IV-D agency.
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2. What are the procedures and associated costs 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. There are no costs if requested through a IV-D agency.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
IC 31-18.5
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2. How does your state define the tribunal (See UIFSA 103)?
"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
Two (2) copies, including one (1) that is certified. However, if the only action requested is enforcement of an Indiana court order, only one (1) copy of a transmittal #1, Child Support Agency Confidential Information Form, and any payment records if payments were made through the requesting state.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
No other jurisdictions.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes.

19. International Information For Hague Convention Countries

1. 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, however individual courts may require complete text.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Registered or certified mail sent to the home of the individual, place of business or place of employment, personally served delivering a copy, leaving a copy at the home of the individual or serving the agent of the individual. Indiana Trial Rule 4.1 at in.gov courts rules trial proc
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Courts have discretion to deviate from the Guidelines amount if that amount would be unjust.
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes. Courts may refer individuals to mediation.
6. What circumstances will cause your state to end child support before the normal duration?
IC 31-16-6-6. If the child is at least eighteen (18) years of age, has not attended a secondary school or post-secondary educational institution for the prior four (4) months and is not enrolled in a secondary school or post-secondary educational institution and is capable of supporting himself or herself through employment. The court may modify support instead of terminating if they are only partially supporting themselves or partially capable of supporting themself. If the child is on active duty in the United States armed services; has married; is deceased; or is not under the care or control of either parent or an individual or agency approved by the court. The death of the NCP if no funds are available through an estate.
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Via paper checks. Electronic options are not available at this time.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
None.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Indiana is not able to accept electronic payments at this time.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
N/A.
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
We are not aware of any.