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IC 31-16-12-1
Enforcement remedies
Sec. 1. Notwithstanding any other law, all orders and awards
contained in a child support decree or an order directing a person to
pay a child support arrearage may be enforced by:
(1) contempt, including the provisions under section 6 of this
chapter;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court
order;
except as otherwise provided by IC 31-16-2 through IC 31-16-11 or
this chapter.
As added by P.L.1-1997, SEC.8. Amended by P.L.197-1997, SEC.11;
P.L.123-2001, SEC.2; P.L.39-2002, SEC.1; P.L.148-2006, SEC.17.
IC 31-16-12-2
Delinquent child support payments; interest charges
Sec. 2. The court may, upon a request by the person or agency
entitled to receive child support payments, order interest charges of
not more than one and one-half percent (1 1/2%) per month to be
paid on any delinquent child support payment. The person or agency
may apply for interest if support payments are not made in
accordance with the support order. Accrued interest charges may be
collected in the same manner as support payments under IC 31-16-9.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-3
Arrearages; court orders
Sec. 3. (a) The obligation of a person to pay child support
arrearages does not terminate when the person's duty to support a
child ceases under IC 31-16-6-6 (or IC 31-1-11.5-12(e) before its
repeal). The statutes applicable to the collection of child support
obligations are applicable to the collection of child support
arrearages described in this section.
(b) The court, upon request of a person or an agency entitled to
receive child support payments, may issue an order that contains any
of the following:
(1) A determination of the amount of child support arrearage
due to a person or an agency entitled to receive child support
payments.
(2) An order directing a person to pay the child support
arrearage.
(3) The schedule and other terms on which a person is to pay a
child support arrearage.
(4) Any other provision that the court determines to be
appropriate.
An order issued under this subsection is enforceable to the same
extent as an order or award in a child support decree.
As added by P.L.1-1997, SEC.8. Amended by P.L.39-2002, SEC.2.
IC 31-16-12-4
Enforcement of judgment; income withholding order
Sec. 4. Upon application to the court for enforcement of an order
for support, the court may:
(1) enforce a judgment created under IC 31-16-16-2 (or
IC 31-2-11-8 before its repeal) against the person obligated to
pay support;
(2) issue an income withholding order as provided in
IC 31-16-15-0.5; or
(3) implement an income withholding order as provided in
IC 31-16-15-2.
As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.20.
IC 31-16-12-5
Additional remedies
Sec. 5. The enforcement remedies provided under this chapter are
in addition to other remedies available for collecting delinquent
support.
As added by P.L.1-1997, SEC.8.
IC 31-16-12-6
Contempt
Sec. 6. (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. 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
(2) the emancipation of the child;
whichever occurs first, the court may, upon a request by the person
or agency entitled to receive child support arrearages, find a party in
contempt of court.
(b) The court may order a party who is found in contempt of court
under this section to:
(1) perform community restitution or service without
compensation in a manner specified by the court; or
(2) seek employment.
As added by P.L.1-1997, SEC.8. Amended by P.L.32-2000, SEC.18;
P.L.123-2001, SEC.3; P.L.86-2002, SEC.11.
IC 31-16-12-7
Suspension of delinquent person's driving privileges
Sec. 7. 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
IC 31-16-12-8
Suspension or denial of delinquent person's professional license
Sec. 8. 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.8. Amended by P.L.145-2006,
SEC.235.
IC 31-16-12-9
Suspension of delinquent person's horse racing commission or
gaming commission license
Sec. 9. If a court finds that a person who holds a license issued
under IC 4-31-6 or IC 4-33 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:
(1) the Indiana horse racing commission if the person holds a
license issued under IC 4-31-6; or
(2) the Indiana gaming commission if the person holds a license
issued under IC 4-33;
requiring that the person's license be suspended until further order of
the court.
As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006,
SEC.236.
IC 31-16-12-10
Suspension, denial, or nonrenewal of delinquent person's
insurance, recovery, or bail agent's license
Sec. 10. 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 a
person who is the subject of the order.
As added by P.L.1-1997, SEC.8. Amended by P.L.132-2001, SEC.23;
P.L.145-2006, SEC.237.
IC 31-16-12-11
Payment of arrearage; stay of order to licensing authority
Sec. 11. Notwithstanding section 7, 8, 9, or 10 of this chapter, the
court may stay the issuance of an order under section 7, 8, 9, or 10 of
this chapter (or IC 31-1-11.5-13(j), IC 31-1-11.5-13(k),
IC 31-1-11.5-13(l), or IC 31-1-11.5-13(m) before the repeal of
IC 31-1-11.5-13) 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.8. Amended by P.L.103-2007, SEC.21.
IC 31-16-12-12
Registration of child support order
Sec. 12. (a) This section applies if:
(1) the parent who is entitled to receive child support; and
(2) the parent who is ordered to pay child support;
are both present in Indiana.
(b) The parent who is entitled to receive child support may
register a child support order issued by another Indiana court or
foreign court for the sole purpose of enforcement in accordance with
IC 31-18-6-1 through IC 31-18-6-8 of the Uniform Interstate Family
Support Act.
As added by P.L.1-1997, SEC.8.