§ 31-16-12.5-5 — Hearing; notice

Indiana § 31-16-12.5-5

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

Text

(a) If the court receives notification under
section 4(b) of this chapter that the obligor is eligible for a state income
tax refund, the court shall set the matter for a hearing at least thirty (30)
days after the date that the court receives notification under section
4(b) of this chapter.
(b) If the court sets the matter for a hearing under subsection (a), the
court must send notice of the hearing by certified mail, return receipt
requested, to the most recent address of the obligor. The notice must
include the date of the hearing and a copy of the petition filed under
section 2 of this chapter.
(c) If the court receives notification under section 4(b) of this
chapter that the obligor filed a joint state income tax return, the court
shall send a notice to the individual with whom the obligor filed a joint
state income tax return by certified mail, return receipt requested, and
inform the individual:
(1) of the hearing date;
(2) that the court may order the individual's and obligor's joint
state income tax refund to be intercepted for the obligor's past due
child support payments; and
(3) that the individual may petition the court or provide testimony
at the hearing that the individual believes that part of the
individual's and obligor's joint state income tax refund should not
be intercepted for the obligor's child support and should be paid
to the individual.

Legislative History

As added by P.L.27-2004, SEC.4.