§ 31-16-12.5-2 — Petition; procedure; intervention

Indiana § 31-16-12.5-2

• Jurisdiction: Indiana
• Art. 16: FAMILY LAW: SUPPORT OF CHILDREN AND
• Ch. 12.5: Seizure of State Income Tax Refunds for Delinquent

Text

(a) A custodial parent may file a petition for
a setoff of child support from a state income tax refund payable to a
child support obligor in:
(1) the court that entered the original child support order; or
(2) a court of competent jurisdiction located in the county of
residence of the custodial parent.
(b) The petition must be verified and must include all of the
following:
(1) The full name of:
(A) the obligor;
(B) the custodial parent; and
(C) each child to whom the obligor owes child support.
(2) An averment that:
(A) the obligor's aggregate child support arrearage on the date
the petition is filed is at least one thousand five hundred dollars
($1,500); and
(B) the obligor has intentionally violated the terms of the most
recent child support order.
(3) An indication of whether the custodial parent:
(A) has received or is receiving assistance under the Title IV-A
program; or
(B) has assigned child support payments under IC 12-14-7-1;
during the period for which child support is owed by the obligor.
(c) The court shall notify the child support bureau of the department
of the pendency of an action under this chapter if the petition:
(1) indicates under subsection (b)(3)(A) that the custodial parent
has received or is receiving assistance; or
(2) indicates under subsection (b)(3)(B) that an assignment has
occurred.
(d) The state has a right to intervene as a party in a hearing under
this chapter if the custodial parent has received or is receiving
assistance as described in subsection (b)(3)(A) or if an assignment as
described in subsection (b)(3)(B) has occurred.

Legislative History

As added by P.L.27-2004, SEC.4. Amended by P.L.145-2006, SEC.238.