§ 31-18.5-3-7 — Duties of support enforcement agency

Indiana § 31-18.5-3-7

• Jurisdiction: Indiana
• Art. 18.5: FAMILY LAW: UNIFORM INTERSTATE
• Ch. 3: Civil Provisions of General Application

Text

(a) In a proceeding under this article, a
support enforcement agency of Indiana, upon request:
(1) shall provide services to a petitioner residing in a state;
(2) shall provide services to a petitioner requesting services
through a central authority of a foreign country as described in IC 31-18.5-1-2(5)(A) or IC 31-18.5-1-2(5)(D); and
(3) may provide services to a petitioner who is an individual not
residing in a state.
(b) A support enforcement agency of Indiana that is providing
services to the petitioner shall:
(1) take all steps necessary to enable an appropriate Indiana
tribunal or a tribunal of another state or a foreign country to
obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date, time, and place
for a hearing;
(3) make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties;
(4) within ten (10) days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of notice in a record from an
initiating, responding, or registering tribunal, send a copy of the
notice to the petitioner;
(5) within ten (10) days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of communication in a record from
the respondent or the respondent's attorney, send a copy of the
communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent cannot
be obtained.
(c) A support enforcement agency of Indiana that requests
registration of a child support order in Indiana for enforcement or for
modification shall make reasonable efforts:
(1) to ensure that the order to be registered is the controlling
order; or
(2) if two (2) or more child support orders exist and the identity
of the controlling order has not been determined, to ensure that a
request for such a determination is made in a tribunal having
jurisdiction to do so.
(d) A support enforcement agency of Indiana that requests
registration and enforcement of a support order, arrears, or judgment
stated in a foreign currency shall convert the amounts stated in the
foreign currency into the equivalent amounts in dollars under the
applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of Indiana shall request an
Indiana tribunal to issue a child support order and an income
withholding order that redirect payment of current support, arrears, and
interest if requested to do so by a support enforcement agency of
another state under section 19 of this chapter.
(f) This article does not create or negate a relationship of attorney
and client or other fiduciary relationship between the support
enforcement agency or the attorney for the agency and the individual
being assisted by the agency.

Legislative History

As added by P.L.206-2015, SEC.53.