Sec. 33.5. (a) If the Title IV-D agency finds that an obligor is delinquent and issues an order to the bureau of motor vehicles stating that the obligor is delinquent under section 32(b) or 33(d) of this chapter, the obligor may have the obligor's driving privileges reinstated by making a single payment of either:
(1) if the obligor is required by court order to pay a child support obligation, the equivalent of eight (8) weeks of the child support order to the clerk of the court or the state central collection unit; or
(2) if the obligor is no longer required to pay a child support obligation but has a child support arrearage, the equivalent of eight (8) weeks of the most recent child support order or the full amount of the child support arrearage, whichever is less, to the clerk of the court or the state central collection unit.
(b) If the court ordered support obligation cannot be determined for an obligor, the obligor shall contact the Title IV-D agency enforcing the child support order to reach an agreement for a payment amount that must be paid for the obligor to have the obligor's driving privileges reinstated.
(c) Once the obligor pays the required amount under subsection (a) or (b), the obligor shall provide proof of payment to the Title IV-D agency enforcing the child support order. Within seven (7) days of confirming the obligor's payment, the Title IV-D agency shall issue an order to the bureau of motor vehicles to reinstate the obligor's driving privileges.
(d) If multiple orders have been issued by the Title IV-D agency to the bureau of motor vehicles to suspend the obligor's driving privileges, the obligor must make a required payment under subsection (a) in each case where an order to suspend the obligor's driving privileges is issued to have those suspensions of the obligor's driving privileges lifted.
(e) The Title IV-D agency shall monitor compliance with the court ordered child support obligation for a period of sixty (60) days after the obligor's driving privileges are reinstated. After the period of sixty (60) days, if the obligor has failed to comply with the child support order and is again delinquent, as defined by section 2 of this chapter, the Title IV-D agency may again initiate the process to suspend the obligor's driving privileges under section 32 of this chapter.
(f) This section does not prevent the:
(1) Title IV-D agency from entering into and enforcing a child support payment agreement with the obligor, including suspension of the child support obligor's driver's license; or
(2) obligor from filing a petition for specialized driving privileges under IC 9-30-16.
As added by P.L.86-2021, SEC.21. Amended by P.L.9-2022, SEC.63.
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