1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
21 until July 01,2012 when Indiana's age of majority changed to 19
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
21 until July 01,2012 when Indiana's age of majority changed to 19, unless child has been determined to be legally incapacitated.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
Yes. Only with regard to orders for post-secondary educational expenses. If a child support order was entered prior to July 01, 2012, parties may seek a modification of that order to include support for post-secondary educational needs at any time before the child turns 21. For child support orders entered July 01, 2012, or later, a petition for educational needs must be filed before the child turns 19.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
If the child is at least eighteen (18) years of age, has not attended a secondary school or post-secondary educational institution for the prior four (4) months and is not enrolled in a secondary school or post-secondary educational institution and is capable of supporting himself or herself through employment. The court may modify support instead of terminating if they are only partially supporting themselves or partially capable of supporting themselves. If the child is on active duty in the United States armed services; has married; is deceased; or is not under the care or control of either parent or an individual or agency approved by the court.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
If the child is at least eighteen (18) years of age, has not attended a secondary school or post-secondary educational institution for the prior four (4) months and is not enrolled in a secondary school or post-secondary educational institution and is capable of supporting himself or herself through employment. The court may modify support instead of terminating if they are only partially supporting themselves or partially capable of supporting themselves. If the child is on active duty in the United States armed services; has married; is deceased; or is not under the care or control of either parent or an individual or agency approved by the court.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
No. |
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
No. |
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
Yes, Indiana case law holds that a judicial determination to continue support beyond the statutory emancipation age may occur after the statutory emancipation age, so long as the disability occurred prior to that date. |
1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model.
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2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
The table to calculate the parenting time credit begins at 52 overnights annually. However, the court has the discretion to determine an appropriate credit amount for a parenting plan that is for fewer than 52 overnights annually.
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3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
The court may order interest charges of not more than one and one-half percent per month.
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4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
The court may order interest charges of not more than one and one-half percent per month. |
5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
The court may order interest charges of not more than one and one-half percent per month. |
6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
When a specific dollar amount of past due medical support is included in an order, the Title IV-D Prosecutor's Office shall use appropriate enforcement remedies until the amount has been paid in full. |
7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
Indiana courts may require proof of legal guardianship or custody of the child. |
7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
Indiana courts may require proof of legal guardianship or custody of the child. |
8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
Indiana courts may require proof of legal guardianship or custody of the child. |
9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
Yes, the Indiana Child Support Guidelines provide credit in this situation.
https://www.in.gov/courts/rules/child_support/
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9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
Yes, the amount of benefit which exceeds the child support order may be treated as an ongoing credit toward an existing arrearage, per the Indiana Child Support Guidelines. https://www.in.gov/courts/rules/child_support/ |
10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Abatement of support may occur on a case-by-case basis. Indiana courts have broad discretion in child support matters and may abate a child support order. (IC 31-16-8-1).
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11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
Any portion of the benefit that exceeds the child support obligation shall be considered a gratuity for the benefit of the child(ren), unless there is an arrearage. |
12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
This will be the same process as any other payment reconciliation between states. Payment records will need to be provided to the order state for updated arrearage calculation. |
13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
The Title IV-D Prosecutor’s Office has the discretion to initiate case closure when the Title IV-D Prosecutor’s Office determines the NCP’s sole income is from SSI benefits, a combination of SSI and SSDI benefits, or a combination of SSI and SSR benefits. |
14. Does your state child support agency have a debt compromise program? |
Indiana’s arrears compromise program terminated October 24, 2022. |
15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
If arrears are unadjudicated, the arrears payment amount is based on statutory table. For adjudicated arrears, the court has the discretion to determine an appropriate payment amount.
https://iga.in.gov/laws/2024/ic/titles/31#31-16-15-2.5
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16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
Any child support modification requires a court order. The court may address custody in the same proceeding as the child support. |
1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
Yes. Custody and visitation issues are not addressed in UIFSA cases however they may be addressed in local cases.
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2. How is genetic testing coordinated within your state when the other party is in another state? |
There is language in our contracts for nationwide genetic testing (including out of the country, people who are incarcerated, and military personnel). "The vendor will assist in arranging the collection of samples from the party(s) out-of-county, out-of-state, out-of-country, in prison, and in the military at no charge to the County." Each County would need to reach out to the vendor they are contracted with to arrange these services.
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99%. IC 16-37-2-2.1
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4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
Yes.
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5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
No. State law does not provide for paternity to be established in this manner.
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6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
Yes. Attempted marriage that is void or voidable. See IC 31-14-7-1.
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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
Indiana Putative Father Registry. Please contact the Indiana State Department of Health at 317-233-7085. (https://www.in.gov/health/vital-records/adoptions) See the Register a Putative Father tab. |
8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
Paternity affidavits may be requested in writing by email or fax to: Indiana.ICRU@dcs.IN.gov or 317-972-3112. Please include the following information on your request: Mother Name, Father Name (if known), Child Name and Date of Birth. There is no fee for a non-certified copy of hospital paternity affidavits if requested by a IV-D agency.
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9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
Paternity affidavits may be requested from the Indiana State Department of Health. Please include the following information on your request: Mother Name, Father Name (if known), Child Name & Date of Birth. Certified copies must but be requested from the Indiana State Department of Health. A minimum fee of $8.00 is required that cannot be waived. The fee for Birth Certificates is $10.00 and it cannot be waived. Requests should be sent to Indiana State Department of Health; ATTN: State Registrar / Vital Statistics; 2 N Meridian St; Indianapolis IN 46204. See their website for further details. https://www.in.gov/health/vital-records/ |
10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
Any question regarding such fees should be directed to the Indiana Department of Health Division of Vital Records. (https://www.in.gov/health/vital-records/)
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10.1 Describe any circumstances under which these fees may be waived? |
Any question regarding such fees should be directed to the Indiana Department of Health Division of Vital Records. (https://www.in.gov/health/vital-records/) |
11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
No. A marriage is void if the marriage if a common law marriage that was entered into after January 1, 1958. (IC 31-11-8-5) (https://iga.in.gov/laws/2024/ic/titles/31#31-11-8-5) |
12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
A marriage is void if the marriage if a common law marriage that was entered into after January 1, 1958. (IC 31-11-8-5) (https://iga.in.gov/laws/2024/ic/titles/31#31-11-8-5) |
13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
A separate packet should be sent for each child. If the parents are found to be the same for the children, the cases and court orders will be consolidated after paternity has been established. |
1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Judicial. |
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
All child support order establishment in Indiana requires a court order. (IC 31-16)
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
The income of both parents is considered in calculating support per state guidelines. In the case of an incapacitated adult child, the court may consider the adult child income.
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2.1. What documentation is required as proof/evidence of this information? |
Courts have broad discretion in determining appropriate evidence. |
3. What criteria for rebutting your presumptive guidelines have been established in your state? |
There is not specific criteria for rebutting the presumptive guidelines. The guidelines and commentary allow judges to deviate from the presumptive amount on a case-by-case basis.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes. For an initial paternity filing, court must order support to begin as of date of filing of petition; court may order support retroactive to date of birth of child. In a non-paternity support order establishment situation, support can be ordered no earlier than date of the filing. See IC 31-14-11-5 & IC 31-16-16-6
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Information required to proceed is determined on a case-by-case basis.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
Yes. |
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Limited to initial paternity filings.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No. See IC 12-14-1-1(a) & IC 31-16-10
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5.1. What about when public assistance is not being expended? |
Yes. |
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Modify order to determine support amount.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
Yes. A court order is required.
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1. What are specific sources of income not subject to withholding? |
SSI and State employee retirement benefits.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. IC 31-16-15-2.7
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
No. |
3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
Yes, there is a $55 annual fee paid by the child support payor and remitted by the income payor. (IC 33-37-5-6). |
4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
An income payor is required to begin withholding income not later than the first pay date after fourteen (14) days following the date the income withholding order is received by the income payor. (IC 31-16-15-2.7(c)(4)(A)). |
5. What are your state’s sanctions for employers for not implementing income withholding? |
An income payor that fails to forward money required by an income withholding order is liable for the amounts they failed to forward. (IC 31-16-15-23). |
6. What are the penalties to an employer for failure to remit payments withheld? |
An income payor that fails to forward money required by an income withholding order is liable for the amounts they failed to forward. (IC 31-16-15-23). |
7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents. |
Yes. Indiana’s Department of Workforce Development will accept and process another State’s IWO for unemployment compensation benefits. |
7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
N/A. |
8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents. |
Yes. An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's income payor under IC 31-9-2-57 without first filing a petition or comparable pleading or registering the order with an Indiana tribunal. (IC 31-18.5-5-1). |
8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
N/A. |
9. How does a noncustodial parent contest an income withholding in your state? |
A child support payor may request an administrative hearing upon receipt of a notice to withhold income. That notice is sufficient for all future income withholding orders until the child support obligation is fully satisfied. |
10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
Indiana follows federal payment distribution requirements. (IC 31-25-4-17).
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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
Yes. No, the process is the same. |
1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
None. |
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
N/A. |
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
Arrears above $1,000.00.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Experian. |
5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative. |
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
Once a non-custodial parent no longer has a past-due account, we notify them that it is the policy of the credit bureau that the info remains on the record for 7 years. The NCP is no longer reported for delinquent child support but once submitted it stays on their record for 7 years. We will notify the credit bureau that they are now at zero in our file. |
7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
No. |
8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes. $500 for Non-TANF, and $150 for TANF. FOP guide says that states can submit at $25 threshold - IN uses the same threshold as federal offset. |
9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
Yes. $500 for Non-TANF, and $150 for TANF. |
10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
Yes. $500 for Non-TANF, and $150 for TANF. |
11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
Yes. $500 for Non-TANF, and $150 for TANF. |
12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
Yes. $500 for Non-TANF, and $150 for TANF. |
13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
No. |
14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Administrative. |
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
No.
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Not centralized or automated. |
17. What are the criteria to attach an account in a financial institution in your state? |
NCP must be delinquent in their support more than $500.00. |
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
Send a Limited Service UIFSA requesting a financial institution attachment. Send the following documents: Transmittal #3; a Child Support Agency Confidential Information Form; copy of the underlying court order, and the amount of the arrears requested. |
20. Does your state's income withholding definition include amounts in financial institutions? |
Yes.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes. The state.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
The financial institution should send / remit the funds immediately. IC 31-16-15
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
No.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
All. No difference for joint accounts.
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
An obligor may contest the withholding via an administrative hearing within the time frame provided on the Income Withholding Order. https://iga.in.gov/laws/2023/ic/titles/31#31-16-15-4.3. |
26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
Indiana utilizes proceedings supplemental to execute on child support arrears that have been reduced to judgments. (IC 34-55).
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
When an obligor has an arrearage of at least $2,000.00 or is past due three (3) months of court ordered child support on a case, regardless of whether or not the order is for current support or arrears only, the Title IV-D Prosecutor’s Office may initiate administrative or judicial proceedings to suspend the obligor’s driver’s license with the Bureau of Motor Vehicles (BMV). |
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
Proof that a lump sum payment equivalent to eight (8) weeks of the child support order has been made or an acceptable payment plan has been submitted to the IV-D Prosecutor’s Office. Administratively suspended licenses can’t be judicially reinstated, but the obligor may petition the court for specialized driving privileges. If a driver’s license is suspended by order of the Court, only the Court may issue a stay of the ordered suspension. |
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
No, Indiana no longer has provisional licenses. Administratively suspended licenses can’t be judicially reinstated, but the obligor may petition the court for specialized driving privileges. The IV-D Prosecutor’s Office is served with notice if the obligor files a petition for specialized driving privileges. If a driver’s license is suspended by order of the Court, only the Court may issue a stay of the ordered suspension. |
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
When an obligor has an arrearage of at least $2,000.00 or is past due three (3) months of court ordered child support on a case, regardless of whether or not the order is for current support or arrears only, the Title IV-D Prosecutor’s Office may initiate administrative or judicial proceedings to issue sanctions against the obligor’s professional or occupational license or permit with the appropriate licensing entity. For a complete list of agencies and licenses, registrations and permits that may be suspended or restricted, please see our policy manual section listed here.
https://www.in.gov/dcs/files/Section-04.03-Professional,-Occupational,-and-Gaming-Licenses-and-Permits.pdf |
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
The arrears are paid in full, or a payment plan is established with the Title IV-D Prosecutor’s Office. |
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
No. Suspension may be stayed at the discretion of the Title IV-D Prosecutor’s Office if a payment plan is established. |
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
When an obligor has an arrearage of at least $2,000.00 or is past due in the equivalent of three (3) months of court ordered child support on a case regardless of whether or not the order is for current support or arrears only, the Title IV-D Prosecutor’s Office may initiate administrative proceedings to suspend the obligor’s fishing, hunting, and trapping licenses; bait dealer’s license;; fur buyer’s license; nursery dealer’s license; and ginseng dealer’s license issued by the DNR. |
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
The arrears are paid in full, or a payment plan is established with the Title IV-D Prosecutor’s Office. |
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No. Suspension may be stayed at the discretion of the Title IV-D Prosecutor’s Office if a payment plan is established. |
36. What are the criteria for initiating/filing a lien in your state? |
A payment that is required under a support order and delinquent shall be treated as a judgment against the obligor for the delinquent amount. For the purposes of real and/or personal property liens for unpaid child support, delinquent refers to an obligor who is in arrears in the payment of child support ordered by a Court in Indiana or another State that has jurisdiction over the support order. There is no arrearage threshold for a lien to be placed against an obligor’s real and/or personal property. |
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Other than judgment liens, most liens are administrative in nature. These administrative liens include real and personal property liens. |
38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
Indiana utilizes proceedings supplemental to execute on child support arrears that have been reduced to judgments. This is primarily a judicial process. |
39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
Administrative. |
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Yes. Indiana intercepts lottery winnings, certain casino winnings, certain sports wagering winnings, and certain paid daily fantasy sports winnings. |
40.1 If yes, is this enforcement judicial, administrative, or both? |
This is an administrative process. |
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
N/A. |
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
N/A. |
1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Mandatory for TANF cases every 3 years. By request of either party on non-TANF cases.
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2. What is your state's modification procedure? Briefly describe. |
Modifications are solely judicial and may only be obtained by court order. For review of an order, notice is sent to the parties to submit financial information. A new obligation is calculated and compared to the existing order. If there is at least a 20% difference, the Title IV-D Prosecutor will petition the court for a modification.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
At least one year has passed since the last modification and there is at least a 20% difference in the order and new calculation or there has been a continuing and substantial change of circumstances.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes. See IC 31-16-8-1. |
4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes. See IC 31-16-8-1. |
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
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4.4. The cost of living has changed. |
No. See IC 31-16-8-1. |
4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes. See IC 31-16-8-1. |
4.6. There has been a substantial change in childcare expenses. |
Yes. See IC 31-16-8-1. |
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Incarceration of either parent or a change of custody.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
No. |
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
No.
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7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
This situation is treated as any other potential modification. At least one year has passed since the last modification and there is at least a 20% difference in the order and new calculation or there has been a continuing and substantial change of circumstances. |
8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
Yes. Procedures will vary by county. |
9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
Yes. Procedures will vary by county. |
1. Does your state require electronic payments? If yes, provide your state statutory citation. |
Yes, employers in IN with 50 or more employees and more than one employee with an income-withholding order. There is a fine of $25.00 per occurrence for noncompliance.
(IC 31-16-15-16). |
2. What is your state's SDU bank name? |
Huntington National Bank
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3. What is your state's SDU vendor name? |
Informatix Inc. |
4. What is your state's web-based payment service for employers? |
Employers: State Run
Phone: 1-800-292-0403
Email: DCSEFTUnit@dcs.in.gov
Website: www.childsupport.in.gov
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5. What is your state's web-based payment service for noncustodial parents? |
Childsupportbillpay.com/Indiana |
6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
Yes. Childsupportbillpay.com/Indiana. NCPs only, not employers (2.25% convenience fee for credit cards and 1.5% for debit cards) |
7. How does your state accept card payments? |
On-line, IVR and by contacting a live agent by phone call. Value Payment Systems, LLC |
8. Are there fees associated with the credit card payments? |
Yes. Credit card payments are 2.25 % and debit card payments are 1.5 %. |
9. Does your state have other payment options? |
Cash payments may be made at retail locations via Pay Near Me and Money Gram.
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10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
Not later than the first payday after fourteen (14) days following the date the income withholding order is received by the income payor.
http://iga.in.gov/legislative/laws/2024/ic/titles/031/#31-16-15-7.5
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11. When must an employer remit amounts withheld from an employee's pay? |
At the same time the obligor is paid. |
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Mandatory deductions include, but are not limited to state, federal, and local taxes, statutory pension contributions, social security taxes and Medicare taxes. |
13. What is your state's priority for withholdings? |
Ongoing current, arrears, medical, spousal and then other support types. Next are paid arrears for these same categories. |
14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
Yes, IC 31-16-15-2.7.
https://iga.in.gov/laws/2023/ic/titles/31#31-16-15-2.7
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15. What are the withholding limits for non-employees? |
There are none. If a payment is not protected by the CCPA, employer should garnish 100% of the payment but no more than the amount of arrears. |
16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).) |
If there is more than one (1) order for withholding against a single obligor under this chapter and the obligor has insufficient disposable earnings to pay the amount required by all the orders, the income payor shall:
(1) honor all withholdings to the extent that the total amount withheld does not exceed the limits imposed under 15 U.S.C. 1673(b); and
(2) distribute the withheld income pro rata among the persons entitled to receive income under the income withholding orders, giving priority to orders for current child support.
The income payor may not distribute income under subsection (a) in a manner that would result in one (1) of the current child support obligations not being honored. |
17. When does your state require employers to send notice of an employee's termination? |
Not later than 10 days after the employment of the obligor or income ceases.
http://iga.in.gov/legislative/laws/2024/ic/titles/031/#31-16-15-5.5
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18. How long should an employer retain the order after the employee's termination? |
There is no statutory requirement to retain the order after the employee’s termination. |
19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii)) |
Not more than two dollars ($2) each time the income payor forwards income to the state central collection unit. |
20. Provide your state's statutory citation. |
IC 31-16-15. |
21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
No, there is not a definition of lump sum however our statute does give examples of the type of payment from an income payor that is subject to a withholding order. For example, severance pay, sick pay, vacation pay, commissions, bonus payments, or any other lump sum payment.
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22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
No, however if a NCP is going to receive a lump sum, then the income payor is obligated to withhold from the lump sum any child support arrearage. Indiana Code 31-16-15-19 |
23. Does your state have a threshold amount for a lump sum to be reported? |
N/A |
24. Does your state citation or rule provide how long the employer must hold the lump sum? |
N/A |
25. Is the Income Withholding Order (IWO) used for lump sums? |
Yes |
26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
Income withholding orders are the process or document most frequently used to attach lump sums. |
27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
No, our state does not put limitations on the withholding greater than that required by the CCPA limits. |
28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
If the lump sum is not earnings as defined by the CCPA our state only limits the withholding by the total amount of arrears owed on the case. In other words, the lump sum would be subject to attachment up to the full amount of the arrears on the case. |
29. What is your state's Medical Support Statute? |
IC 31-16-6-4; IC 31-16-8-2.
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30. What is your state's Reasonable Cost Definition? |
There is a rebuttable presumption that parents have health insurance available at a reasonable cost. The presumption may be rebutted by demonstrating that the lowest out of pocket cost of insuring the child(ren) is more than 5% of the parents' combined gross incomes. The lowest out of pocket cost health insurance available may be public insurance. (IN Child Support Guideline 7). |
31. What is the Health Coverage Expense? |
"The presumption may be rebutted by demonstrating that the lowest out of pocket cost of insuring the child(ren) is more than 5% of the parents' combined gross incomes." (Indiana Child Support Guideline 7).
Health insurance coverage should normally be provided by the parent who can obtain the most comprehensive coverage at the least out of pocket cost. (Commentary to Indiana Child Support Guideline 7). This calculation is not explicitly provided in the child support guidelines. However, the guidelines do state that it is the "out of pocket" cost of insuring the child(ren), so the court will likely only consider the portion of insurance costs directly related to insuring the child(ren).
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32. What is the Income Withholding Limits for Support? |
CCPA Limits. Indiana Code § 31-16-15-2.7(c)(3)
"A statement that the total amount withheld under the income withholding order plus the fee under subdivision (2)(D) may not exceed the maximum amount permitted under 15 U.S.C.1673(b)" |
33. What is the Priority of Withholding? |
Indiana Code § 31-16-15-17
". . . distribute the withheld income pro rata among the persons entitled to receive income under the income withholding orders, giving priority to orders for current child support."
Priority given to current support. |
34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
Consumer Credit Protection Act (CCPA) withholding limits applies. |
35. According to 45 CFR §303.32(a), what are your state options? |
Indiana has not opted to enforce medical support orders with the NMSN against the custodial party. Under Indiana Code § 31-16-15-4.5, the NMSN is sent to the employer of the "parent ordered to pay support (who) has been ordered to provide insurance coverage."" |
36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
Employee should contact the issuing IV-D prosecutor's office. The Title IV-D Prosecutor’s Office has the discretion to conduct an administrative review of the contest. |
37. What is the reporting timeframe (non-magnetic media only)? |
Employers must report within 20 days of an employee's hire or re-hire date. |
38. What are the required data elements? |
New Hire Information for Employee: Name (First, Middle, Last), Mailing Address, Social Security Number (SSN), Date of Hire, State of hire, Current Job Title, Employee's Standardized Occupational Classification (SOC), Starting Salary, Rate of Pay; Information for Employer: Federal Employer Identification Number (FEIN). If there is more than one FEIN, the one used for quarterly wage information when reporting new hires should be used, Employer Name, and Employer Payroll Processing Address. |
39. What are the methods of transmission? |
Employers must report new hires and rehires through The Indiana New Hire Reporting Center: https://www.in-newhire.com/ online form, by electronic file transfer protocols (SFTP), or by electronic file upload. If a payroll or accounting service is used, the service provider may be asked to report the new hires. |
40. Does your state require independent contractor reporting? |
No |