This text of Indiana § 31-25-4-17 (Support related duties of bureau) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The bureau shall do the following:
(1)Collect support payments when the payments have been
assigned to the state by the application for assistance under Title
IV-A.
(2)Assist in obtaining a support order, including an order for
health insurance coverage under:
(B)IC 31-16-6-4;
when there is no existing order and assistance is sought.
(3)Assist in establishing paternity for children born out of
wedlock.
(4)Implement immediate income withholding in any Title IV-D
case, in accordance with 42 U.S.C. 666(a) and (b), without an
order issued by a court or an administrative agency. (5)Enforce intrastate and interstate support orders using high
volume automated enforcement features.
(6)Use a simplified procedure for the review and adjustment of
support orders as set fo
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(a) The bureau shall do the following:
(1) Collect support payments when the payments have been
assigned to the state by the application for assistance under Title
IV-A.
(2) Assist in obtaining a support order, including an order for
health insurance coverage under:
(A) IC 27-8-23; or
(B) IC 31-16-6-4;
when there is no existing order and assistance is sought.
(3) Assist in establishing paternity for children born out of
wedlock.
(4) Implement immediate income withholding in any Title IV-D
case, in accordance with 42 U.S.C. 666(a) and (b), without an
order issued by a court or an administrative agency.
(5) Enforce intrastate and interstate support orders using high
volume automated enforcement features.
(6) Use a simplified procedure for the review and adjustment of
support orders as set forth in 42 U.S.C. 666(a)(10).
(7) In any Title IV-D case, petition:
(A) a court to:
(i) establish paternity for a child born out of wedlock; and
(ii) establish a support order, including an order for health
insurance coverage under IC 27-8-23 or IC 31-16-6-4; and
(B) a court to establish or modify a support order, including an
order for health insurance coverage under IC 27-8-23, IC 31-14-11-3 (before its repeal), or IC 31-16-6-4, if:
(i) there is no existing support order; or
(ii) the existing order does not include a provision for private
health insurance.
(8) Beginning July 1, 2019, not later than fifteen (15) days after
learning that an obligor in a Title IV-D case is or may be
incarcerated for a period of at least one hundred eighty (180)
calendar days, notify both parties of each party's right to request
a modification of the child support order.
(b) Whenever the bureau collects support payments on behalf of an
individual who is no longer a member of a household that receives
Title IV-A cash payments, the collected support payments (except
collections made through a federal tax refund offset) shall be promptly
distributed in the following order:
(1) Payment to the recipient of the court ordered support
obligation for the month that the support payment is received.
(2) Payment to the recipient of the support payment arrearages
that have accrued during any period when the recipient was not a
member of a household receiving Title IV-A assistance.
(3) Payment to the state in an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the
recipient's family; or
(B) the amount assigned to the state by the recipient under IC 12-14-7-1.
(4) Payment of support payment arrearages owed to the recipient.
(5) Payment of any other support payments payable to the
recipient.
(c) Whenever the bureau receives a payment through a federal tax
refund offset on behalf of an individual who has received or is
receiving Title IV-A assistance, the child support payment shall be
distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the
individual's family; or
(B) the amount assigned to the state by the individual under IC 12-14-7-1.
(2) To the individual, any amounts remaining after the
distribution under subdivision (1).
(d) Except as provided in section 19.5 of this chapter, whenever the
bureau collects a child support payment from any source on behalf of
an individual who has never received Title IV-A assistance, the bureau
shall forward all money collected to the individual.
(e) Whenever the bureau receives a child support payment on behalf
of an individual who currently receives a Title IV-A cash payment or
an individual whose cash payment was recouped, the child support
payment shall be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the
individual's family; or
(B) the amount assigned to the state by the individual under IC 12-14-7-1.
(2) To the individual, any amounts remaining after the
distribution under subdivision (1).
(f) Unless otherwise required by federal law, not more than
seventy-five (75) days after a written request by a recipient, the bureau
shall provide an accounting report to the recipient that identifies the
bureau's claim to a child support payment or arrearage.
(g) The bureau, the department of child services, and the department
of state revenue may not charge a custodial parent a fee to seek or
receive a payment through a state tax refund offset.
(h) When the payment of support has been assigned to the state by
the application of assistance under Title IV-A or Title IV-E, the Title
IV-D agency shall:
(1) first provide notice to the obligee and the obligor that the
payment of support has been assigned to the state; and
(2) direct the clerk of court or the state central collection unit to
forward the child support payment directly to the Title IV-D
agency without further notice of the court.
(i) A payment directed to the Title IV-D agency under subsection
(h) shall be disbursed in accordance with federal regulations governing
the Title IV-D program.