§ 4-35-4-16 — Withholding delinquent child support from winnings; fee; notice; priority of order over other claims

Indiana § 4-35-4-16

• Jurisdiction: Indiana
• Art. 35: GAMBLING GAMES AT RACETRACKS
• Ch. 4: Powers and Duties of the Indiana Gaming Commission

Text

(a) The bureau shall provide information to
a permit holder or trustee concerning persons who are delinquent in
child support.
(b) If a permit holder or trustee is required to file Form W-2G or a
substantially equivalent form with the United States Internal Revenue
Service for a person who is delinquent in child support, before payment
of cash winnings from gambling games, the permit holder or trustee:
(1) may deduct and retain an administrative fee in the amount of
the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed from
the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name, address,
and Social Security number of the obligor and the child
support case identifier, the date and amount of the payment,
and the name and location of the permit holder or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by the
permit holder or trustee that the bureau intends to offset the obligor's
delinquent child support with the cash winnings.
(d) The bureau shall hold the amount withheld from cash winnings
of the obligor for ten (10) business days before applying the amount as
payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under this
section and an administrative fee described under subsection (b)(1)
have priority over any secured or unsecured claim on cash winnings
except claims for federal or state taxes that are required to be withheld
under federal or state law.

Legislative History

As added by P.L.80-2010, SEC.6.