Petition to activate order; hearing; summons; notice
Sec. 8. (a) If a petition to activate an income withholding order is
filed under section 6(2) or 6(3) of this chapter, the court shall set a
date for a hearing on the petition that is not later than twenty (20)
days after the date the petition is filed. The court shall send a
summons and a written notice to the obligor. The notice must contain
a statement of the following:
(1) Whether the obligor is delinquent in the payment of child
support.
(2) The amount of child support, if any, that the obligor is in
arrears.
(3) That a certain amount for the payment of current and past
due child support is to be withheld each month from the
obligor's income and forwarded to the state central collection
unit or other person named in the notice.
(4) 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).
(5) That the provision for withholding applies to receipt of any
current or subsequent income.
(6) That any of the following constitutes a basis for contesting
the withholding:
(A) A mistake of fact.
(B) The parties have submitted a written agreement
providing for an alternative child support arrangement.
(C) A court determines that good cause exists not to require
immediate income withholding.
(7) That income withholding will continue until the activation
of the income withholding order is terminated by the court.
(8) That if the obligor does not appear at the hearing, the court
will activate the income withholding order.
(b) If:
(1) the obligor does not appear at the hearing on the petition
filed under section 6(2) or 6(3) of this chapter; or
(2) the court grants the petition;
the court shall activate the income withholding order by mailing a
written notice to the income payor as provided in section 10 of this
chapter.
As added by P.L.1-1997, SEC.8. Amended by P.L.234-2005, SEC.88.
Last modified: May 24, 2006