Income withholding order; inactive orders
Sec. 1. (a) In a proceeding under IC 31-14 or IC 31-16-2 through
IC 31-16-12 to establish, modify, or enforce a child support order,
the court shall:
(1) enter an order for immediate income withholding; and
(2) modify any previously issued income withholding order that
has not been activated under this chapter to provide for
immediate income withholding.
(b) The court shall issue the income withholding order to the
income payor not later than fifteen (15) calendar days after the
court's determination.
(c) The income withholding order must order income payors to
send to the state central collection unit or other person specified in
the support order under:
(1) IC 31-14-11-11;
(2) IC 31-16-4; or
(3) IC 31-16-9;
the amount of income established by the court for child support at the
time the order for child support is established, enforced, or modified.
(d) However, the court shall issue an income withholding order
that will not become activated except upon the occurrence of the two
(2) conditions described in section 2 of this chapter if:
(1) the parties submit a written agreement providing for an
alternative child support arrangement; or
(2) the court determines that good cause exists not to require
immediate income withholding.
(e) A finding of good cause under subsection (d)(2) must:
(1) be written; and
(2) include:
(A) all reasons why immediate income withholding is not in
the best interests of the child; and
(B) if the case involves a modification of support, a
statement that past support has been timely paid.
(f) The income withholding order must contain a statement that if
the withholding order is activated, income payors will be ordered to
send to the state central collection unit or other person specified in
the support order under:
(1) IC 31-14-11-11;
(2) IC 31-16-4; or
(3) IC 31-16-9;
the amount of income established by the court for child support.
As added by P.L.1-1997, SEC.8. Amended by P.L.234-2005, SEC.85.
Last modified: May 24, 2006