Sec. 16. (a) The bureau shall provide information to a permit holder or trustee concerning persons who are delinquent in child support.
(b) If a permit holder or trustee is required to file Form W-2G or a substantially equivalent form with the United States Internal Revenue Service for a person who is delinquent in child support, before payment of cash winnings from gambling games, the permit holder or trustee:
(1) may deduct and retain an administrative fee in the amount of the lesser of:
(A) three percent (3%) of the amount of delinquent child support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name, address, and Social Security number of the obligor and the child support case identifier, the date and amount of the payment, and the name and location of the permit holder or trustee; and
(C) issue the obligor a receipt in a form prescribed by the bureau with the total amount withheld for delinquent child support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by the permit holder or trustee that the bureau intends to offset the obligor's delinquent child support with the cash winnings.
(d) The bureau shall hold the amount withheld from cash winnings of the obligor for ten (10) business days before applying the amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under this section and an administrative fee described under subsection (b)(1) have priority over any secured or unsecured claim on cash winnings except claims for federal or state taxes that are required to be withheld under federal or state law.
As added by P.L.80-2010, SEC.6.
Structure Indiana Code
Title 4. State Offices and Administration
Article 35. Gambling Games at Racetracks
Chapter 4. Powers and Duties of the Indiana Gaming Commission
4-35-4-1. Administration, Regulation, and Enforcement of Slot Machine Wagering at Racetracks
4-35-4-2. Rules; Violations; Fees and Penalties; Voluntary Exclusion Program
4-35-4-5. Gaming Agents; Salaries and Expenses; Worker's Compensation Fee
4-35-4-5.1. Application of 2016 Amendments
4-35-4-6. Contract With Indiana Horse Racing Commission Authorized
4-35-4-9. Ejection or Exclusion From Facilities
4-35-4-10. Violations of Article; Fraudulent Acts
4-35-4-11. Investigative Procedures; Complaints
4-35-4-12. Display of Toll Free Telephone Number
4-35-4-13. Prohibition of Fee for Proposed Transfer of Ownership
4-35-4-13.2. Model Power of Attorney
4-35-4-14. Appointment of Temporary Trustee
4-35-4-15. Civil Penalties for Violations Concerning a Power of Attorney