§ 31-16-15-5.5 — Income withholding order; lifting stay of implementation

Indiana § 31-16-15-5.5

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

Text

5. (a) An obligor or an obligee may file a
petition to lift a stay of implementation of an income withholding
order.
(b) If an obligee files a petition under subsection (a), the court shall:
(1) set a date for a hearing on the petition; and
(2) send a written notice of the hearing to lift the stay of
implementation of the income withholding order to the obligor in
accordance with subsection (c).
The court must set a date for the hearing that is not more than twenty
(20) days after the date the petition is filed.
(c) The notice under subsection (b)(2) must include the following:
(1) A statement as to whether the obligor is delinquent in the
payment of child support.
(2) If applicable, the amount of child support the obligor is in
arrears.
(3) A statement that if the petition is granted, the obligor's income
shall be:
(A) withheld by the court for the payment of child support; and
(B) forwarded to the state central collection unit with a
statement identifying:
(i) the cause number for each obligee;
(ii) the name of each obligor;
(iii) the name of each obligee with the amount of the withheld
income forwarded by the income payor;
(iv) the Social Security number of each obligor; and
(v) the Indiana support enforcement tracking system (ISETS)
or its successor statewide automated support enforcement
system number for each obligee.
(4) The following statements:
(A) That the total amount of income to be withheld under an
income withholding order from the obligor's income is the sum
of:
(i) the obligor's current child support obligation; plus
(ii) the amount of arrearage payment ordered by the court;
plus
(iii) a fee of two dollars ($2), which 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.
(B) That the total amount of income withheld may not exceed
the maximum amount permitted by 15 U.S.C. 1673(b).
(C) That the income withholding order applies to the receipt of
any current or subsequent income.
(D) That the only basis for contesting the petition to lift the stay
of implementation of the income withholding order is a mistake
of fact.
(E) That an obligor may contest the court's lifting the stay of the
income withholding order by appearing at the hearing
scheduled by the court on the petition to lift the stay.
(F) That if the obligor does not appear at the hearing, the court
shall implement the income withholding order.
(G) That an income payor shall:
(i) 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
(ii) report to the state central collection unit the date on which
the income was withheld from the obligor's income.
(H) 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.
(I) That if an obligor has:
(i) more than one (1) income withholding order against the
obligor; and
(ii) insufficient disposable earnings to pay the amount of
income withholding for all income withholding orders;
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 a current income
withholding order.
(J) That an income payor shall honor all withholding to the
extent that the total amount withheld does not exceed limits
imposed under 15 U.S.C. 1673(b).
(K) That the income withholding is binding upon the income
payor until further notice by the court.
(L) That an income payor that:
(i) discharges the obligor from employment;
(ii) refuses to employ the obligor;
(iii) takes disciplinary action against the obligor employed by
the income payor; or
(iv) 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, is subject to a penalty not to exceed five
thousand dollars ($5,000) payable to the state and recoverable
in a civil action.
(M) That if the income payor fails to withhold income in
accordance with the income withholding order, the income
payor is liable for:
(i) the accumulated amount the income payor should have
withheld from the obligor's income; and
(ii) any interest, attorney's fees, and costs.
(N) 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.
(O) That the income payor must notify the court 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 provide the
obligor's last known address and the name and address of the
obligor's new income payor, if known, to the court.
(d) At a hearing under this section, the court shall grant the petition
to lift the stay of implementation of the income withholding order if the
obligor has failed to comply with the provisions of the support order,
unless the court finds that the conditions under section 0.5(c)(2) of this
chapter have been met.
(e) If the obligor files a petition to lift the stay of implementation of
the income withholding order:
(1) a hearing is not required; and
(2) the court shall grant the petition.
(f) If the court grants the petition to lift the stay of implementation
of the income withholding order, the court shall:
(1) implement the income withholding order; and
(2) send the income withholding order to the obligor's income
payor.

Legislative History

As added by P.L.103-2007, SEC.31. Amended by P.L.128-2012, SEC.41.