§ 31-16-12-6.5 — Failure to respond to order to show cause; escrow

Indiana § 31-16-12-6.5

• Jurisdiction: Indiana
• Art. 16: FAMILY LAW: SUPPORT OF CHILDREN AND
• Ch. 12: Enforcement of Child Support Orders

Text

5. (a) If a party fails to respond to an order
to show cause issued under section 6(c) of this chapter by the date and
time specified in the order to show cause, the court may issue a bench
warrant for the party to be arrested and brought to the court to respond
to the order to show cause.
(b) The court must determine an escrow that a party ordered to show
cause under section 6(c) of this chapter is required to deposit with the
clerk of the circuit court before the hearing to show cause. If the child
support arrearage amount is less than five hundred dollars ($500), the
court shall set the required escrow at the amount of the arrearage. If the
arrearage is more than five hundred dollars ($500), the court shall set
the required escrow at not less than five hundred dollars ($500) and not
more than one hundred percent (100%) of the arrearage.
(c) All escrow received by a clerk of the circuit court under this
section shall be deposited in a single account. The clerk shall:
(1) keep an accounting of all money deposited in the escrow
account;
(2) issue a receipt to any person who pays money to the clerk
under this section; and
(3) transfer money out of the escrow account only after receiving
an order to transfer money issued by the court that issued the
bench warrant.
(d) If a party is arrested under subsection (a), the party shall remain
in custody until the hearing to show cause unless the party posts the
escrow amount required in the bench warrant.
(e) If a party is arrested outside the business hours of the clerk of the
circuit court, the party may post the escrow amount stated in the bench
warrant with the arresting officer.
(f) The arresting officer or clerk receiving an escrow amount shall
give the party a receipt for the escrow on a form substantially as
follows:
"Date:_____________________
Escrow received from____________________ (referred to in this
receipt as respondent) to assure the performance of the respondent's
child support arrearage. The respondent shall appear for a hearing to
show cause at ________(time) on _________(date) at the following
address:
_______________________________________________________
_______________________________________________________
(Address to be furnished by respondent for receipt of notice.)
The hearing is for the respondent to answer an order to show cause. If
the respondent is found to be in contempt, further proceedings related
to the respondent's contempt may occur.
If the respondent fails to appear at the time and date listed above, fails
to submit to the jurisdiction of the court, or fails to abide by the court's
orders, the Court may direct the Clerk of the Circuit Court to distribute
the escrow deposited with the Clerk of the Circuit Court under state
and federal child support distribution laws.
If the respondent appears at the time and location indicated above and
the Court determines the respondent owes an arrearage under the
support order that is the basis of the order to show cause or owes any
costs to the Court, the Court may direct the Clerk of the Circuit Court
to distribute the escrow deposited with the Clerk of the Circuit Court
under state and federal child support distribution laws.
By depositing the escrow amount and accepting this receipt, the
recipient of this receipt waives a claim to the money following a Court
order for distribution of child support.
Printed name and signature of person receiving escrow deposit:
______________________
Agency or department of person receiving escrow deposit:
__________________________.".
(g) A law enforcement officer who receives escrow money under
this section shall deposit the money with the clerk of the circuit court
that issued the bench warrant within two (2) business days after
receiving the escrow money.
(h) If a party is arrested under subsection (a) and cannot post the
escrow amount required in the bench warrant, the party is entitled to a
hearing within forty-eight (48) hours after the party's arrest, excluding
weekends and holidays, if the court is able to hold the hearing within
that period. If the court cannot hold a hearing within forty-eight (48)
hours, the court shall review the escrow amount ordered in the bench
warrant, may modify the escrow amount in the bench warrant to ensure
that the party appears at future hearings, and shall set a date for a
hearing. At the hearing, the party shall explain to the court why the
party cannot post the required escrow deposit required by the bench
warrant. The party shall also respond to the court's order to show cause.
(i) If a party fails to appear at a hearing to respond to an order to
show cause issued under this section after the party deposited the
escrow amount set in the bench warrant, the court shall order the clerk
of the circuit court to distribute the escrow under state and federal child
support distribution laws. The court may also issue an additional bench
warrant under subsection (a) for the party to respond to additional
contempt charges.
(j) If a party posts the escrow amount set in a bench warrant, at a
hearing to respond to an order to show cause under this section, the
court shall determine how the escrow amount deposited is to be
distributed under state and federal child distribution laws. If the escrow
amount deposited exceeds the arrearage, the party is entitled to a
refund.
(k) The court may set aside a finding of contempt under this section
if the court finds, based on the hearing held under this section, that the
party is in compliance with the court's orders.
(l) If a court finds a person to be in contempt of court under this
section, the court may punish the person for contempt of court under IC 34-47.

Legislative History

As added by P.L.131-2009, SEC.12.