Indiana § 12-14-7-3 Child born out of wedlock; cooperate in establishing paternity and
child support; good faith effort to cooperate required; presumption of
good faith effort; other considerations

Indiana Statutes

§ 12-14-7-3 — Child born out of wedlock; cooperate in establishing paternity and child support; good faith effort to cooperate required; presumption of good faith effort; other considerations

Indiana·Art. 14 FAMILY ASSISTANCE SERVICES·Ch. 7 Temporary Assistance for Needy Families; Child Support

(a)If a child is born out of wedlock, the mother shall, when establishing the paternity of the child and obtaining a support order, cooperate with the state agency responsible for administering Title IV-D of the federal Social Security Act, in compliance with federal regulations governing Title IV-D of the federal Social Security Act.

(b)If a child is residing with a nonparent guardian or custodian, the nonparent guardian or custodian shall make a good faith effort to cooperate with the division and with any agency responsible for administering Title IV-D of the federal Social Security Act by providing any information known to the nonparent guardian or custodian regarding the potential paternity of the child.

(c)If a child is residing with a nonparent guardian or custodian, the nonparen

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(a) If a child is born out of wedlock, the mother
shall, when establishing the paternity of the child and obtaining a
support order, cooperate with the state agency responsible for
administering Title IV-D of the federal Social Security Act, in
compliance with federal regulations governing Title IV-D of the federal
Social Security Act.
(b) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and with any agency responsible for
administering Title IV-D of the federal Social Security Act by
providing any information known to the nonparent guardian or
custodian regarding the potential paternity of the child.
(c) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and any agency responsible for
administering Title IV-D of the federal Social Security Act in the
establishment and enforcement of a child support order.
(d) The nonparent custodian or guardian is presumed to make a
good faith effort under subsections (b) and (c) if the nonparent
custodian or guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecutor or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with
a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting
attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to the
extent the information is known.
(B) Affirms that the information described in IC 12-7-2-43.5(b)
is not known.
(e) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a parent of
the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecuting
attorney that demonstrates the nonparent custodian or guardian
has knowledge of the information sought by the prosecuting
attorney.
[Pre-1992 Revision Citation: 12-1-7-1.1(c).]

Indiana § 12-14-7-3 (Child born out of wedlock; cooperate in establishing paternity and child support; good faith effort to cooperate required; presumption of good faith effort; other considerations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.