Sec. 6. (a) This section applies to an action in which a final court order requires a person to pay support or maintenance payments through the clerk or the state central collection unit.
(b) The clerk or the state central collection unit shall collect an annual support fee in addition to support and maintenance payments. The annual support fee is fifty-five dollars ($55) for each calendar year.
(c) The annual support fee required under subsection (b) is due at the time that the first support or maintenance payment for the calendar year in which the fee must be paid is due.
(d) The clerk may not deduct the annual support fee from a support or maintenance payment.
(e) Except as provided under IC 33-32-4-6 and IC 33-37-7-2(f), if an annual support fee is collected under this section by the clerk, the clerk shall forward the fee to the county auditor in accordance with IC 33-37-7-12(a). If an annual support fee is collected under this section by the central collection unit, the fee shall be deposited in the state general fund.
(f) Income payors required to withhold income under IC 31-16-15 shall pay the annual support fee required by subsection (b) through the income withholding procedures described in IC 31-16-15.
[Pre-2004 Recodification Citation: 33-19-6-5.]
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006, SEC.508; P.L.146-2006, SEC.59 and P.L.148-2006, SEC.33; P.L.103-2007, SEC.49; P.L.128-2012, SEC.181; P.L.150-2018, SEC.22.
Structure Indiana Code
Title 33. Courts and Court Officers
Chapter 5. Collection of Additional Fees
33-37-5-0.1. Application of Certain Amendments to Chapter
33-37-5-1. Preparing Transcript or Copy of Record; Fee
33-37-5-2. Clerk's Record Perpetuation Fund
33-37-5-3. Document Fee; Certificate Under Seal
33-37-5-4. Document Fee; Transcript of Judgment to Become Real Estate Lien
33-37-5-5. Forwarding Document Fees
33-37-5-6. Support and Maintenance Payments; Fees
33-37-5-7. Marijuana Eradication Program Fee
33-37-5-8. Alcohol and Drug Services Program Fee; Law Enforcement Continuing Education Program Fee
33-37-5-9. Drug Abuse, Prosecution, Interdiction, and Correction Fee
33-37-5-10. Countermeasures Fee; Collection
33-37-5-11. Alcohol Abuse Deterrent Fee; Medical Fee; Collection
33-37-5-12. Child Abuse Prevention Fee
33-37-5-13. Domestic Violence Prevention and Treatment Fee
33-37-5-14. Highway Work Zone Fee; Application
33-37-5-15. Service of Process Fee
33-37-5-16. Judgments; Collection, Transfer, and Deposit of Funds
33-37-5-17. Deferred Prosecution Fees
33-37-5-19. Criminal Conviction; Jury Fees
33-37-5-20. Document Storage Fee
33-37-5-21. Automated Record Keeping Fee
33-37-5-21.2. Public Defense Administration Fee
33-37-5-23. Sexual Assault Victims Assistance Fee
33-37-5-24. Problem Solving Court Fee
33-37-5-25. Judicial Insurance Adjustment Fee
33-37-5-26. Judicial Salaries Fee
33-37-5-26.2. DNA Sample Processing Fee
33-37-5-27. Court Administration Fee