Sec. 23. (a) Subject to subsection (d), the Title IV-D agency shall provide incentive payments to counties for enforcing and collecting the support rights that have been assigned to the state. The incentive payments shall be made by the Title IV-D agency directly to the county and deposited in the county treasury for distribution on a quarterly basis and in the following manner:
(1) Twenty-two and two-tenths percent (22.2%) of the incentive payments shall be distributed to the Title IV-D incentive fund established in accordance with section 23.5 of this chapter by each county that receives payments under this subdivision.
(2) Thirty-three and four-tenths percent (33.4%) of the incentive payments shall be distributed to the operating budget of the prosecuting attorney.
(3) Twenty-two and two-tenths percent (22.2%) of the incentive payments shall be distributed to the operating budget of the circuit court clerk.
(b) Notwithstanding IC 36-2-5-2(b), distribution from the county treasury under subsection (a) shall be made without the necessity of first obtaining an appropriation from the county fiscal body.
(c) The amount that a county receives and the terms under which the incentive payment is paid must be in accordance with relevant federal statutes and the federal regulations promulgated under the statutes. However, amounts received as incentive payments may not, without the approval of the county fiscal body, be used to increase or supplement the salary of an elected official. The amounts received as incentive payments must be used to supplement, rather than take the place of, other funds used for Title IV-D program activities.
(d) The Title IV-D agency shall retain twenty-two and two-tenths percent (22.2%) of the incentive payments described in subsection (a).
As added by P.L.145-2006, SEC.271. Amended by P.L.146-2006, SEC.23; P.L.1-2007, SEC.198; P.L.162-2011, SEC.20.
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