Ind. Code § 31-18.5-3-7

Current through P.L. 171-2024
Section 31-18.5-3-7 - Duties of support enforcement agency
(a) In a proceeding under this article, a support enforcement agency of Indiana, upon request:
(1) shall provide services to a petitioner residing in a state;
(2) shall provide services to a petitioner requesting services through a central authority of a foreign country as described in IC 31-18.5-1-2(5)(A) or IC 31-18.5-1-2(5)(D); and
(3) may provide services to a petitioner who is an individual not residing in a state.
(b) A support enforcement agency of Indiana that is providing services to the petitioner shall:
(1) take all steps necessary to enable an appropriate Indiana tribunal or a tribunal of another state or a foreign country to obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date, time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) within ten (10) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) within ten (10) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of Indiana that requests registration of a child support order in Indiana for enforcement or for modification shall make reasonable efforts:
(1) to ensure that the order to be registered is the controlling order; or
(2) if two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of Indiana that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of Indiana shall request an Indiana tribunal to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state under section 19 of this chapter.
(f) This article does not create or negate a relationship of attorney and client or other fiduciary relationship between the support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

IC 31-18.5-3-7

Added by P.L. 206-2015, SEC. 53, eff. 7/1/2015.