|
Indiana State Profile |
Updated on 26 Oct 2006
Certified on 21 Sep 2007
|
A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State administered/County operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
None (all enforcement offices have cooperative agreements). |
| A3. With what types of agencies do you have cooperative agreements? |
County prosecuting attorney offices, County Clerks of Court, and Title IV-D funded courts. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes. |
| A4.1. If so, what is the statutory citation? |
IC 31-25-4-13(d) |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
|
B. UIFSA |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
7/1/1996 |
| B2. What is the effective date of your State's Act? |
1/1/1997 |
| B3. What is the statutory citation for your State's Act? |
IC 31-18
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 Version |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
NA |
| B5. Optional comments regarding your State's UIFSA Act. |
|
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
England, Sweden, Germany, and signatory countries to a treaty with U.S. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
|
D. Age of Majority |
|
| D1. What is the age of majority in your State? |
21 |
| D2. What is the statutory cite for the age of majority? |
IC 31-16-6-6.
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
21, unless child has been determined to be legally incapacitated or an order for educational support was established before age 21. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
NA |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
Only if determined by court order. |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
If a child has been legally incapacitated or there is an educational expense order beyond high school. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
|
E. Statute of Limitations |
|
| E1. What is your State's statute of limitations for collection of past due support? |
10 years after age 18 or date of emancipation, whichever is earlier. 20 years for child support judgments. |
| E2. What is your State's statute of limitations for paternity establishment? |
Child may file anytime before 20 years of age. |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
NA |
F. Support Details |
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Income Shares. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
If arrearage amount determined in a court entry, interest accrues at statutory rate of 8% per annum. |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
If court has adjudicated an accrued arrearage, interest is 8% annum. |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
If court adjudicates an accrued arrearage, interest, per state law on judgements accrues at 8% on adjudicated amounts. In addition, if requested by a party and per a specific child support only statute, court may order interest at up to 1.5% per month. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
No |
| F5.1. If so, under what circumstances? |
|
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
May, in non-public assistance cases, recover costs of genetic tests as ordered by a court or as agreed upon by the parties. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
See F6.1, and as ordered by a court in public assistance cases. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Will only recover paternity cost. Initiating state would have to have valid court order. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Ind. Trial Rule 4.4.
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Indiana enforces a spousal support obligation only if it is in conjunction with a current child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
Depending upon interstate situation, additional information may be requested regarding a new spouse or partner. |
G. Income Withholding |
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income withholding |
| G2. What specific source of income is not subject to withholding? |
SSI, State employee retirement benefits.
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
|
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$2.00 |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Not later than the first payday after 14 days following the date the notice was received. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
At the same time the obligor is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Non complying income payers are subject to contempt of court. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Subject to contempt. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
Direct income withholding should not be done if Indiana is already enforcing the case via a current UIFSA action. |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
Income withholding order needs to be sent to the insurance company actually paying the benefits. |
| G11. How does an obligor contest income withholding in your State? |
Administrative income withholding - administrative hearing available. Court ordered income withholding - judicial appeal. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Child support income withholding order has priority over all other garnishments. When two or more IWO'S, enforce all orders on a pro rata basis with current support having priority. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Toll free number for employer income withholding questions: 1-800-292-0403.
For Additional Information - No Link Provided |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No |
| G14. When does your state require the employer to send notice of an employee's termination? |
Promptly, upon termination. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
Three months |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
Thirty dollar ($30) annual support fee beginning 01/01/2007. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes, for employer. |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current and delinquent child support are to be satisfied prior to medical support. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
Yes |
| H1.1. If yes, please explain. |
Custody and visitation issues may be addressed, but not as part of Title IV-D procedures. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
None |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
11/1/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
None. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Presumption rebutted by husband requested genetic test results showing him not to be the biological father. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
State law does not provide for paternity to be established in this manner. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
When putative father holds child out as his biological child. |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Indiana Putative Father Registry. |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
Birth certificates $10 - fee cannot be waived. No fee for copy of hospital paternity affidavit if requested by a IV-D agency. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
NA. |
| H10.2. When did your current common law standard go into effect? |
11/01/1997 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
NA. |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
No specific uniform procedure applicable to all courts, but arrangements may be made in advance on a case by case or court by court basis. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Indiana Trial Rule 4.4.
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
Parties can be court ordered to repay. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Properly executed paternity affidavit. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
Separate packet for each child. |
I. Support Order Establishment |
|
| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
NA. |
| I1.2. Under what circumstances would the judicial process be used? |
All Circumstances. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
NA.
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The custodial parent. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
No specific criteria. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
In paternity cases only; court must order support to begin as of date of filing of petition; court may order support retroactive to date of child's birth. In a non-paternity support order establishment situation, support can be ordered no earlier than date of court filing. |
| I4.2. What information or documentation does your State require to proceed? |
No additional information is needed as retroactive amount of arrearage, when ordered, is based on the established current support order. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Limited to paternity cases. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
To establish/implement income withholding orders, to suspend driver's and professional licenses. |
| I6. What is your State's statutory authority for the administrative process? |
IC 31-16-15 (Income Withholding) See J2.1 (Suspension of Licenses)
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
Yes |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
Yes |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
Yes |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
Modify order to determine support amount. |
J. Support Enforcement |
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative only for IV-D cases. Non-IV-D case attorneys can now go to court for this but not through our offices. |
| J2. Is the lien process in your State judicial, administrative or both? |
May be administrative and Judicial procedures. |
| J2.1. What are the trigger criteria for filing a lien? |
Delinquent amount more than $1,000 for lien on motor veichle. |
| J2.2. Where is your State liens filed? |
County Recorder's Office; State Child Support Bureau for BMV lien |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
For liens against property, other than motor vehicle title: None for IV-D cases processed through Indiana Central Registry; for non-UIFSA cases $13.00 for first page & $2.00 for each subsequent page. |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial process. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative: Judicial review of administrative hearing decision available. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When, subsequent to a FIDM match, action to encumber is initiated. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
Yes |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
If income withholding already exists, notice is not necessary. If income withholding does not exist, notice would be required to be provided by the state. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Obligor must file an appeal with state agency within 20 days of date of notice. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
No minimum deliquency amount. No accounts exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
If income withholding order previously established, no minimum delinquency required; if income withholding not previously established, one month arrears required. |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Yes, for Freeze and Seize procedure. |
| J5.3. 1. If yes, please provide the time frame. |
For Freeze and Seize, $2,000 delinquent or three (3) months past due support. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
NA |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
NA |
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
Exemption for first $500 in a checking account. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
Financial Institution |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Fourteen (14) days from date financial institution receives income withholding order. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
NA |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
Account funds do not belong to NCP; NCP does not owe claimed arrearage amount. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Both. |
| J5.11. What are your State's penalties for incorrect seizures? |
None. |
| J5.12. Is the second challenge administrative, judicial or both? |
NA |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Non-debtor can request judicial determination of proportionate ownership of account. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Not centralized. Not automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
No. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
NA |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
Yes |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
IC 31-25-4-31 |
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes, fourteen (14) days. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
Fourteen (14) days after receipt of legal encumbrance. |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Worker's compensation, unemployment compensation. Administrative and Judicial. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Offset of state Lottery winnings. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Contempt actions. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Liens may be filed in the County Recorder's office of the appropriate Indiana county.
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
Income withholding orders, state tax offset, lottery offset, and license suspensions. |
| J11. Describe your state's registration and enforcement procedures. |
Orders are registered in the clerk's office of the county in which the obligor resides. Enforcement is carried in accordance with UIFSA requirements as incorporated by Indiana law. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
NA |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
| J13.1. If yes, please provide the statutory citation. |
For Additional Information - No Link Provided |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No. |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Complete UIFSA packet needs to be initiated. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
Experian |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
No |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
$1,000 in arrears |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every 3 years, if requested |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Only upon request. |
| K3. Briefly describe your State's modification procedure. |
Petition for modification filed and modification considered in accordance with Indiana Child Support Rules and Guidelines. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
Per a support guideline worksheet, an increase or decrease of 20% or more from the present order. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
Extraordinary situations may be addressed by court as a deviation from guidelines. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
NA |
| K7. How does your state credit SSA disability to current and past due support? |
SSA obligor can obtain modification of current order based on SSA benefit amount - modified order is prospective; accrued arrearages remain due and owing. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
Any credit for /abatement of a support order must be obtained by a court order. However, no abatement is available to an incarcerated ncp. |
| K8.2. What is the statutory cite for your abatement law? |
NA.
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
|
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
For copies of paternity acknowledgements, requesting agencies should provide the following information: 1. Child's name 2. Date of birth 3. Indiana city & county of birth 4. Mother's maiden name 5. Father's name 6. Address where paternity affidavit is to be sent. Requests can be faxed to: 317-233-1289 or mailed to: ISDH Attn: Vital Records PO Box 7125 Indianapolis, IN 46206. There is no cost if requested by an identified IV-D agency. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Complete UIFSA packet. |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
Yes |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
Severance pay, sick pay, vacation pay, commissions, bonus payments, or any lump sum payment. |
| L1.2 Provide the statutory citation. |
IC 31-16-15-19
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
See L1.2 above. (IC 31-16-15-19) |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
Yes |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
Compliance by employers required for a IV-D case where there is an arrears; lump sums cannot be encumbered if there is no arrears. |
| L4. How are employers instructed to report a pending lump sum? |
Contact the Indiana IV-D support office that issues the income withholding order. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
Before time when lump sum monies would otherwise be disbursed to the ncp. |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
NA |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
Noted on original order. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
No |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
NA |
| L9. What other documents does your state use to attach lump sum payments? |
None |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
Yes |
| L10.1 If yes, what are those limits? |
Yes, CCPA limits applicable if lump sum amount is an amount based upon/arising out of a "periodic" calculation.
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
If lump sum not "disposable income", no percentage limiter is applicable. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
NA | |
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