Sec. 17. (a) The bureau shall do the following:
(1) Collect support payments when the payments have been assigned to the state by the application for assistance under Title IV-A.
(2) Assist in obtaining a support order, including an order for health insurance coverage under:
(A) IC 27-8-23; or
(B) IC 31-16-6-4;
when there is no existing order and assistance is sought.
(3) Assist in establishing paternity for children born out of wedlock.
(4) Implement immediate income withholding in any Title IV-D case, in accordance with 42 U.S.C. 666(a) and (b), without an order issued by a court or an administrative agency.
(5) Enforce intrastate and interstate support orders using high volume automated enforcement features.
(6) Use a simplified procedure for the review and adjustment of support orders as set forth in 42 U.S.C. 666(a)(10).
(7) In any Title IV-D case, petition:
(A) a court to:
(i) establish paternity for a child born out of wedlock; and
(ii) establish a support order, including an order for health insurance coverage under IC 27-8-23 or IC 31-16-6-4; and
(B) a court to establish or modify a support order, including an order for health insurance coverage under IC 27-8-23, IC 31-14-11-3 (before its repeal), or IC 31-16-6-4, if:
(i) there is no existing support order; or
(ii) the existing order does not include a provision for private health insurance.
(8) Beginning July 1, 2019, not later than fifteen (15) days after learning that an obligor in a Title IV-D case is or may be incarcerated for a period of at least one hundred eighty (180) calendar days, notify both parties of each party's right to request a modification of the child support order.
(b) Whenever the bureau collects support payments on behalf of an individual who is no longer a member of a household that receives Title IV-A cash payments, the collected support payments (except collections made through a federal tax refund offset) shall be promptly distributed in the following order:
(1) Payment to the recipient of the court ordered support obligation for the month that the support payment is received.
(2) Payment to the recipient of the support payment arrearages that have accrued during any period when the recipient was not a member of a household receiving Title IV-A assistance.
(3) Payment to the state in an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the recipient's family; or
(B) the amount assigned to the state by the recipient under IC 12-14-7-1.
(4) Payment of support payment arrearages owed to the recipient.
(5) Payment of any other support payments payable to the recipient.
(c) Whenever the bureau receives a payment through a federal tax refund offset on behalf of an individual who has received or is receiving Title IV-A assistance, the child support payment shall be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the individual's family; or
(B) the amount assigned to the state by the individual under IC 12-14-7-1.
(2) To the individual, any amounts remaining after the distribution under subdivision (1).
(d) Except as provided in section 19.5 of this chapter, whenever the bureau collects a child support payment from any source on behalf of an individual who has never received Title IV-A assistance, the bureau shall forward all money collected to the individual.
(e) Whenever the bureau receives a child support payment on behalf of an individual who currently receives a Title IV-A cash payment or an individual whose cash payment was recouped, the child support payment shall be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
(A) the total amount of past public assistance paid to the individual's family; or
(B) the amount assigned to the state by the individual under IC 12-14-7-1.
(2) To the individual, any amounts remaining after the distribution under subdivision (1).
(f) Unless otherwise required by federal law, not more than seventy-five (75) days after a written request by a recipient, the bureau shall provide an accounting report to the recipient that identifies the bureau's claim to a child support payment or arrearage.
(g) The bureau, the department of child services, and the department of state revenue may not charge a custodial parent a fee to seek or receive a payment through a state tax refund offset.
(h) When the payment of support has been assigned to the state by the application of assistance under Title IV-A or Title IV-E, the Title IV-D agency shall:
(1) first provide notice to the obligee and the obligor that the payment of support has been assigned to the state; and
(2) direct the clerk of court or the state central collection unit to forward the child support payment directly to the Title IV-D agency without further notice of the court.
(i) A payment directed to the Title IV-D agency under subsection (h) shall be disbursed in accordance with federal regulations governing the Title IV-D program.
As added by P.L.145-2006, SEC.271. Amended by P.L.103-2007, SEC.45; P.L.80-2010, SEC.49; P.L.128-2012, SEC.89; P.L.207-2013, SEC.51; P.L.123-2014, SEC.9; P.L.206-2015, SEC.57; P.L.183-2017, SEC.10; P.L.94-2018, SEC.6.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 25. Child Services: Administration
Chapter 4. Child Support Provisions of Title Iv-D of the Federal Social Security Act
31-25-4-8. Additional Duties of Bureau
31-25-4-8.5. Duties Related to Interception of Winnings and Prizes
31-25-4-9. Federal Requirements
31-25-4-10. Agreements and Communications With Title Iv-a Administrator; Time Frame Requirement
31-25-4-11. State Case Registry; Contents
31-25-4-12. Federal Courts; Contact
31-25-4-14.1. Program to Contract With Collection Agency; Duties; Contract Requirements; Costs
31-25-4-15. Court Assistants; Appointment; Agreements for Services; Standards
31-25-4-16. Contracts With Nongovernmental Providers
31-25-4-17. Support Related Duties of Bureau
31-25-4-17.5. Recoupment of Overpayment
31-25-4-18. Order for Genetic Testing to Establish Paternity; Income Withholding
31-25-4-19. Services for Other Than Tanf Recipients or Applicants; Application; Fees
31-25-4-19.5. Title Iv-D Agency Collection Fee
31-25-4-20. Authority to Receive Federal Funds and Distribute Money Collected
31-25-4-21. Confidential Information; Safeguards; Necessary Disclosures
31-25-4-22. Disclosure of Information to Consumer Reporting Agencies; Procedures
31-25-4-23. Title Iv-D Agency; Incentive Payments; Distribution From County Treasury
31-25-4-23.5. Title Iv-D Incentive Fund; Use of Money
31-25-4-24. Duties of Circuit Court Clerk; Support Money; Cash Payments
31-25-4-25. Amounts Distributed From Department of Child Services
31-25-4-27. Rules Implementing Title Iv-D
31-25-4-29. Child Support Enforcement Revolving Funds
31-25-4-30. Child Support Obligation Lien List; Motor Vehicle Liens
31-25-4-31. Data Match System With Financial Institutions to Block Account With Child Support Lien
31-25-4-33. Objections to Order; Hearing
31-25-4-33.5. Driving Privilege Reinstatement; Suspension
31-25-4-34. Duty of Title Iv-D Agency After Finding of Delinquency