Sec. 33. (a) An obligor may contest the Title IV-D agency's determination to issue an order under section 32 of this chapter by making a written application to the Title IV-D agency within twenty (20) days after the date the notice is mailed to the obligor.
(b) The only basis for contesting an order issued under this section is a mistake of fact.
(c) The Title IV-D agency or the office of administrative law proceedings shall hold a hearing, within twenty-five (25) days after written application is made under subsection (a), to review its determination to issue an order under section 32 of this chapter. The Title IV-D agency or the office of administrative law proceedings shall make a determination in writing on the issuance of an order under section 32 of this chapter at the hearing.
(d) If the obligor requests a hearing but fails to appear or if the obligor appears and is found to be delinquent, the Title IV-D agency or the office of administrative law proceedings shall issue an order to the bureau of motor vehicles stating that the obligor is delinquent.
(e) An order issued under subsection (d) must require the following:
(1) If the obligor who is the subject of the order holds a driving license or permit on the date the order is issued, that the obligor's driving privileges be suspended under further order of the Title IV-D agency or the office of administrative law proceedings.
(2) If the obligor who is the subject of the order does not hold a driving license or permit on the date the order is issued, that the bureau of motor vehicles may not issue a driving license or permit to the obligor until the bureau of motor vehicles receives a further order from the Title IV-D agency or the office of administrative law proceedings.
As added by P.L.145-2006, SEC.271. Amended by P.L.183-2017, SEC.11; P.L.13-2021, SEC.10.
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