§ 31-25-4-23 — Title IV-D agency; incentive payments; distribution from county treasury

(a) Subject to subsection (d), the Title IV-D
agency shall provide incentive payments to counties for enforcing and
collecting the support rights that have been assigned to the state. The
incentive payments shall be made by the Title IV-D agency directly to
the county and deposited in the county treasury for distribution on a
quarterly basis and in the following manner:
(1) Twenty-two and two-tenths percent (22.2%) of the incentive
payments shall be distributed to the Title IV-D incentive fund
established in accordance with section 23.5 of this chapter by
each county that receives payments under this subdivision.
(2) Thirty-three and four-tenths percent (33.4%) of the incentive
payments shall be distributed to the operating budget of the
prosecuting attorney.
(3) Twenty-two and two-tenths percent (22.2%) of the incentive
payments shall be distributed to the operating budget of the circuit
court clerk.
(b) Notwithstanding IC 36-2-5-2(b), distribution from the county
treasury under subsection (a) shall be made without the necessity of
first obtaining an appropriation from the county fiscal body.
(c) The amount that a county receives and the terms under which the
incentive payment is paid must be in accordance with relevant federal
statutes and the federal regulations promulgated under the statutes.
However, amounts received as incentive payments may not, without the
approval of the county fiscal body, be used to increase or supplement
the salary of an elected official. The amounts received as incentive
payments must be used to supplement, rather than take the place of,
other funds used for Title IV-D program activities.
(d) The Title IV-D agency shall retain twenty-two and two-tenths
percent (22.2%) of the incentive payments described in subsection (a).

Legislative History

As added by P.L.145-2006, SEC.271. Amended by P.L.146-2006, SEC.23; P.L.1-2007, SEC.198; P.L.162-2011, SEC.20.