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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.
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.
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.
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.
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 incapacitate 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 policy 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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