Petition; procedure; intervention
Sec. 2. (a) A custodial parent may file a petition for a setoff of
child support from a state income tax refund payable to a child
support obligor in:
(1) the court that entered the original child support order; or
(2) a court of competent jurisdiction located in the county of
residence of the custodial parent.
(b) The petition must be verified and must include all of the
following:
(1) The full name of:
(A) the obligor;
(B) the custodial parent; and
(C) each child to whom the obligor owes child support.
(2) An averment that:
(A) the obligor's aggregate child support arrearage on the
date the petition is filed is at least one thousand five hundred
dollars ($1,500); and
(B) the obligor has intentionally violated the terms of the
most recent child support order.
(3) An indication of whether the custodial parent:
(A) has received or is receiving assistance under the Title
IV-A program; or
(B) has assigned child support payments under IC 12-14-7-1;
during the period of time for which child support is owed by the
obligor.
(c) The court shall notify the child support bureau of the division
of family and children of the pendency of an action under this
chapter if the petition:
(1) indicates under subsection (b)(3)(A) that the custodial
parent has received or is receiving assistance; or
(2) indicates under subsection (b)(3)(B) that an assignment has
occurred.
(d) The state has a right to intervene as a party in a hearing under
this chapter if the custodial parent has received or is receiving
assistance as described in subsection (b)(3)(A) or if an assignment as
described in subsection (b)(3)(B) has occurred.
As added by P.L.27-2004, SEC.4.
Last modified: May 24, 2006