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IC 31-14-12-1
Delinquent child support payments; interest charges
Sec. 1. (a) A court may, upon application by a person or an
agency entitled to receive child support payments ordered by the
court, order interest charges equal to one and one-half percent (1.5%)
per month to be paid on any delinquent child support payment that
occurs. The person or agency may apply for interest:
(1) at the time the support order is issued or modified; or
(2) whenever support payments are not made in accordance
with the support order.
(b) Interest charges may be collected in the same manner as
support payments.
As added by P.L.1-1997, SEC.6.
IC 31-14-12-2
Enforcement of judgment; income withholding order
Sec. 2. Upon application for enforcement of a support order, the
court may:
(1) enforce a judgment created under IC 31-16-16-2 (or
IC 31-2-11-8 before its repeal) for the unpaid amount;
(2) issue an income withholding order as provided in
IC 31-16-15-0.5; or
(3) implement an existing income withholding order as
provided in IC 31-16-15-2.
As added by P.L.1-1997, SEC.6. Amended by P.L.103-2007, SEC.15.
IC 31-14-12-2.5
State income tax setoff; delinquent child support
Sec. 2.5. (a) This section does not apply to a support order entered
in a Title IV-D case.
(b) A custodial parent may, under IC 31-16-12.5, seek a setoff of
the state income tax refund of a child support obligor against whom
a child support order was entered under IC 31-14-11.
(c) A custodial parent may not be charged a fee to seek a setoff of
a state income tax refund as described in subsection (b).
As added by P.L.27-2004, SEC.3. Amended by P.L.103-2007,
SEC.16.
IC 31-14-12-3
Contempt
Sec. 3. (a) If the court finds that a party is delinquent as a result
of an intentional violation of an order for support, the court may find
the party in contempt of court.
(b) If an action or request to enforce payment of a child support
arrearage is commenced not later than ten (10) years after:
(1) the child becomes eighteen (18) years of age; or
IC 31-14-12-4
Suspension of delinquent person's driving privileges
Sec. 4. If a court finds that a person is delinquent (as defined in
IC 31-25-4-2) as a result of an intentional violation of an order for
support, the court shall issue an order to the bureau of motor
vehicles:
(1) stating that the person is delinquent; and
(2) ordering the following:
(A) If the person who is the subject of the order holds a
driving license or permit on the date of issuance of the order,
that the driving privileges of the person be suspended until
the bureau receives a further order of the court
recommending reinstatement.
(B) If the person who is the subject of the order does not
hold a driving license or permit on the date of issuance of
the order, that the bureau may not issue a driving license or
permit to the person until the bureau receives a further order
of the court recommending issuance.
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006,
SEC.226.
IC 31-14-12-5
Suspension or denial of delinquent person's professional license
Sec. 5. If a court finds that a person who is an applicant (as
defined in IC 25-1-1.2-1), a practitioner (as defined in IC 25-1-1.2-6),
an attorney, or a licensed teacher is delinquent (as defined in
IC 31-25-4-2) as a result of an intentional violation of an order for
support, the court shall issue an order to the board regulating the
practice of the person's profession or occupation:
(1) requiring that the person's or practitioner's license be
suspended until further order of the court; or
(2) ordering the board not to issue a license to the person who
is the subject of the order if the person does not currently hold
a license.
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006,
SEC.227.
IC 31-14-12-7
Suspension, denial, or nonrenewal of delinquent person's
insurance, recovery, or bail agent's license
Sec. 7. If a court finds that a person who holds a license or who
is an applicant for a license issued under IC 27-1-15.6, IC 27-1-15.8,
or IC 27-10-3 is delinquent (as defined in IC 31-25-4-2) as a result of
an intentional violation of an order for child support, the court shall
issue an order to the commissioner of the department of insurance:
(1) requiring that the person's license be suspended until further
order of the court;
(2) ordering the commissioner not to issue a license to the
person who is the subject of the order if the person does not
currently hold a license; or
(3) ordering the commissioner not to renew the license of the
person who is the subject of the order.
As added by P.L.1-1997, SEC.6. Amended by P.L.132-2001, SEC.22;
P.L.145-2006, SEC.229.
IC 31-14-12-8
Provision of information regarding delinquent person to licensing
authority
Sec. 8. The Title IV-D agency shall provide the full name, date of
birth, verified address, and Social Security number or driving license
number of the person who is the subject of an order under:
(1) section 4 of this chapter to the bureau of motor vehicles;
(2) section 5 of this chapter to the board regulating the person's
profession or occupation;
(3) section 6 of this chapter to the Indiana horse racing
commission or the Indiana gaming commission; and
(4) section 7 of this chapter to the commissioner of the
department of insurance.
As added by P.L.1-1997, SEC.6.
IC 31-14-12-9
Payment of arrearage; stay of order to licensing authority
Sec. 9. Notwithstanding section 4, 5, 6, or 7 of this chapter, the
court may stay issuance of an order under section 4, 5, 6, or 7 of this
chapter (or IC 31-6-6.1-16(j), IC 31-6-6.1-16(k), IC 31-6-6.1-16(l),
or IC 31-6-6.1-16(m) before the repeal of IC 31-6-6.1-16) if:
(1) the person pays the child support arrearage in full; or
(2) an income withholding order under IC 31-16-15 (or
IC 31-2-10 before its repeal) is implemented and a payment
plan to pay the arrearage is established.
As added by P.L.1-1997, SEC.6. Amended by P.L.103-2007, SEC.17.