Hearing; notice
Sec. 5. (a) If the court receives notification under section 4(b) of
this chapter that the obligor is eligible for a state income tax refund,
the court shall set the matter for a hearing at least thirty (30) days
after the date that the court receives notification under section 4(b)
of this chapter.
(b) If the court sets the matter for a hearing under subsection (a),
the court must send notice of the hearing by certified mail, return
receipt requested, to the most recent address of the obligor. The
notice must include the date of the hearing and a copy of the petition
filed under section 2 of this chapter.
(c) If the court receives notification under section 4(b) of this
chapter that the obligor filed a joint state income tax return, the court
shall send a notice to the individual with whom the obligor filed a
joint state income tax return by certified mail, return receipt
requested, and inform the individual:
(1) of the hearing date;
(2) that the court may order the individual's and obligor's joint
state income tax refund to be intercepted for the obligor's past
due child support payments; and
(3) that the individual may petition the court or provide
testimony at the hearing that the individual believes that part of
the individual's and obligor's joint state income tax refund
should not be intercepted for the obligor's child support and
should be paid to the individual.
As added by P.L.27-2004, SEC.4.
Last modified: May 24, 2006