§ 31-16-15-2.7 — Income withholding order; forms

Indiana § 31-16-15-2.7

• Jurisdiction: Indiana
• Art. 16: FAMILY LAW: SUPPORT OF CHILDREN AND
• Ch. 15: Child Support Income Withholding Orders

Text

7. (a) The bureau shall:
(1) prescribe standard forms for:
(A) an income withholding order; and
(B) a notice form; and
(2) make the forms listed in subdivision (1) available to:
(A) a court;
(B) a private attorney;
(C) an obligor; and
(D) an obligee.
(b) An income withholding order under this chapter must be issued
in a form substantially similar to the form prescribed under subsection
(a)(1)(A).
(c) An income withholding order form under subsection (a)(1)(A)
must contain the following:
(1) The amount of income to be withheld.
(2) A statement that the total amount of income to be withheld is
the sum of the following:
(A) The obligor's current child support obligation.
(B) The amount of any child support arrearage ordered by the
court.
(C) An additional amount as determined under section 2.5(f) of
this chapter for:
(i) any arrearage that has not been adjudicated, if no
arrearage has been adjudicated previously; or
(ii) any additional arrearage that has not been adjudicated and
accrues since the last adjudication of arrearage by the court.
(D) A fee of two dollars ($2) that must be paid at the income
payor's option to the income payor each time the income payor
forwards income to the state central collection unit.
(3) A statement that the total amount withheld under the income
withholding order plus the fee under subdivision (2)(D) may not
exceed the maximum amount permitted under 15 U.S.C. 1673(b).
(4) A statement that an income payor shall:
(A) begin withholding income not later than the first pay date
after fourteen (14) days following the date the income
withholding order is received by the income payor; and
(B) report to the state central collection unit the date on which
the income was withheld from the obligor's income.
(5) A statement that if an income payor is required to withhold
income from more than one (1) obligor, the income payor may
combine the withheld amount of income into a single payment for
all obligors who are required to make payments to the state
central collection unit if the income payor identifies the part of the
single payment that is attributable to each individual obligor.
(6) A statement that if the obligor has:
(A) more than one (1) income withholding order against the
obligor; and
(B) insufficient disposable earnings to pay the amount of
income withholding for all income withholding orders;
an income payor shall honor all withholdings to the extent that the
total amount withheld does not exceed limits imposed under 15
U.S.C. 1673(b).
(7) A statement that the income payor shall distribute the withheld
income pro rata among the persons entitled to receive income
under the income withholding orders, giving priority to orders for
current child support.
(8) A statement that the income payor may not distribute income
as described under subdivision (7) in a manner that would result
in one (1) of the current child support obligations not being
honored.
(9) A statement that the income payor shall forward the amount
withheld for current support and any arrears to the state central
collection unit with a statement identifying the:
(A) cause number for the obligee;
(B) name of the obligor;
(C) name of the obligee with the applicable income withheld
for each obligee forwarded from the income payor; and
(D) Indiana support enforcement tracking system (ISETS) or its
successor statewide automated support enforcement system
number for each obligee.
(10) A statement that the income withholding order is binding
upon the income payor until further notice by the Title IV-D
agency.
(11) A statement that if an income payor:
(A) discharges the obligor from employment;
(B) refuses to employ the obligor;
(C) takes disciplinary action against the obligor employed by
the income payor; or
(D) otherwise discriminates against the obligor;
because of the existence of an income withholding order or the
obligations imposed upon the income payor by the income
withholding order, the income payor is subject to a penalty of not
more than five thousand dollars ($5,000) payable to the state and
recoverable in a civil action.
(12) A statement that if an income payor fails to withhold income
in accordance with the income withholding order, the income
payor is liable for:
(A) the accumulated amount the income payor should have
withheld from the obligor's income; and
(B) any interest, attorney's fees, and costs.
(13) A statement that an income withholding order under this
chapter has priority over any secured or unsecured claim on
income, except for claims for federal, state, and local taxes.
(14) A statement that an income payor must:
(A) notify the Title IV-D agency if the obligor:
(i) ceases employment with; or
(ii) no longer receives income from;
the income payor, not later than ten (10) days after the date the
obligor's employment or income ceases; and
(B) provide the obligor's last known address and the name and
address of the obligor's new income payor, if known, to the
Title IV-D agency.

Legislative History

As added by P.L.103-2007, SEC.27. Amended by P.L.80-2010, SEC.39; P.L.128-2012, SEC.39.