§ 4-38-11-1 — Withholding delinquent child support from winnings; notice; priority of order over other claims

Indiana § 4-38-11-1

• Jurisdiction: Indiana
• Art. 38: SPORTS WAGERING
• Ch. 11: Child Support

Text

(a) The bureau shall provide information to a
certificate holder concerning persons who are delinquent in child
support.
(b) Prior to a certificate holder disbursing a payout of six hundred
dollars ($600) or more, in winnings, from sports wagering to a person
who is delinquent in child support and who is claiming the winning
sports wager in person at the certificate holder's facility, the certificate
holder:
(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
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 licensed owner, operating
agent, 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
certificate holder that the bureau intends to offset the obligor's
delinquent child support with the winnings.
(d) The bureau shall hold the amount withheld from the winnings of
an 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 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.293-2019, SEC.43.