Notice to income payor of activation of order
Sec. 10. (a) To activate or implement an income withholding
order, in addition to the notice requirements imposed by sections 7
and 8 of this chapter:
(1) the Title IV-D agency in a case arising under section 3 or 5
of this chapter; or
(2) the court in a case arising under section 6 of this chapter;
shall mail a written notice to each income payor not later than fifteen
(15) calendar days after the issuance of the income withholding
order.
(b) The notice to each income payor must contain a statement of
the following:
(1) That the income payor is required to withhold a certain
amount of income from the obligor.
(2) That the total amount to be withheld each month by the
obligor's income payor from the obligor's income is the sum of:
(A) the obligor's current monthly child support obligation;
(B) an amount to be applied toward the liquidation of any
arrearages; and
(C) an optional fee of two dollars ($2), which is payable to
and imposed at the option of the income payor, each time the
income payor forwards income to the state central collection
unit or other person named in the notice;
up to the maximum amount permitted under 15 U.S.C. 1673(b).
(3) That the income payor shall:
(A) forward the withheld income described in subdivision
(2)(A) and (2)(B) to the state central collection unit or other
person named in the notice at the same time that the obligor
is paid; and
(B) include a statement identifying:
(i) each cause number;
(ii) the Indiana support enforcement tracking system
(ISETS) case number;
(iii) the name of each obligor;
(iv) the name of each payee with the withheld income
forwarded by the income payor; and
(v) the obligor's Social Security number.
(4) That withholding is binding upon the income payor until
further notice.
(5) That the obligor may recover from the income payor in a
civil action an amount not less than one hundred dollars ($100)
if the income payor:
(A) discharges the obligor from employment;
(B) refuses the obligor employment; or
(C) disciplines the obligor;
because the income payor is required to forward income under
this chapter.
(6) That the income payor is liable for any amount that the
income payor fails to forward under this chapter.
(7) That withholding under this chapter has priority over any
secured or unsecured claim on income except claims for federal,
state, and local taxes.
(8) That, if the income payor is required to withhold income
from more than one (1) obligor, the income payor may:
(A) combine in a single payment the withheld amounts for
all obligors who have been ordered to pay the state central
collection unit or other governmental agency; and
(B) separately identify the part of the single payment that is
attributable to each individual obligor.
(9) That if:
(A) there is more than one (1) order for withholding against
a single obligor; and
(B) the obligor has insufficient disposable earnings to pay
the amount required by all the orders;
the income payor shall distribute the withheld earnings pro rata
among the entities entitled to receive earnings under the orders,
giving priority to a current support withholding order, and shall
honor all withholdings to the extent that the total amount
withheld does not exceed the limits imposed under 15 U.S.C.
1673(b).
(10) That the income payor shall implement withholding not
later than the first pay date after fourteen (14) days following
the date the notice was received.
(11) That the income payor shall:
(A) notify:
(i) the Title IV-D agency in a case arising under section 5
of this chapter; or
(ii) the court in a case arising under section 1 or 6 of this
chapter;
when the obligor terminates employment or ceases to receive
other income not later than ten (10) days after termination;
and
(B) provide:
(i) the obligor's last known address; and
(ii) the name and address of the obligor's new income
payor if known.
As added by P.L.1-1997, SEC.8. Amended by P.L.138-2001, SEC.12;
P.L.234-2005, SEC.89.
Last modified: May 24, 2006