Support related duties of bureau
As added by P.L.145-2006, SEC.271. Amended by P.L.103-2007, SEC.45; P.L.80-2010, SEC.49; P.L.128-2012, SEC.89; P.L.207-2013, SEC.51; P.L.123-2014, SEC.9; P.L.206-2015, SEC.57; P.L.183-2017, SEC.10; P.L.94-2018, SEC.6.
(a) The bureau shall do the following:
- (1) Collect support payments when the payments have been assigned to the state by the application for assistance under Title IV-A.
(2) Assist in obtaining a support order, including an order for health insurance coverage under:
- (A) IC 27-8-23 ; or
(B) IC 31-16-6-4 ;
when there is no existing order and assistance is sought.
- (3) Assist in establishing paternity for children born out of wedlock.
- (4) Implement immediate income withholding in any Title IV-D case, in accordance with 42 U.S.C. 666(a) and (b), without an order issued by a court or an administrative agency.
- (5) Enforce intrastate and interstate support orders using high volume automated enforcement features.
- (6) Use a simplified procedure for the review and adjustment of support orders as set forth in 42 U.S.C. 666(a)(10).
(7) In any Title IV-D case, petition:
(A) a court to:
- (i) establish paternity for a child born out of wedlock; and
- (ii) establish a support order, including an order for health insurance coverage under IC 27-8-23 or IC 31-16-6-4 ; and
(B) a court to establish or modify a support order, including an order for health insurance coverage under IC 27-8-23 , IC 31-14-11-3 (before its repeal), or IC 31-16-6-4 , if:
- (i) there is no existing support order; or
- (ii) the existing order does not include a provision for private health insurance.
- (8) Beginning July 1, 2019, not later than fifteen (15) days after learning that an obligor in a Title IV-D case is or may be incarcerated for a period of at least one hundred eighty (180) calendar days, notify both parties of each party's right to request a modification of the child support order.
(b) Whenever the bureau collects support payments on behalf of an individual who is no longer a member of a household that receives Title IV-A cash payments, the collected support payments (except collections made through a federal tax refund offset) shall be promptly distributed in the following order:
- (1) Payment to the recipient of the court ordered support obligation for the month that the support payment is received.
- (2) Payment to the recipient of the support payment arrearages that have accrued during any period when the recipient was not a member of a household receiving Title IV-A assistance.
(3) Payment to the state in an amount not to exceed the lesser of:
- (A) the total amount of past public assistance paid to the recipient's family; or
- (B) the amount assigned to the state by the recipient under IC 12-14-7-1 .
- (4) Payment of support payment arrearages owed to the recipient.
- (5) Payment of any other support payments payable to the recipient.
(c) Whenever the bureau receives a payment through a federal tax refund offset on behalf of an individual who has received or is receiving Title IV-A assistance, the child support payment shall be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
- (A) the total amount of past public assistance paid to the individual's family; or
- (B) the amount assigned to the state by the individual under IC 12-14-7-1 .
- (2) To the individual, any amounts remaining after the distribution under subdivision (1).
- (d) Except as provided in section 19.5 of this chapter, whenever the bureau collects a child support payment from any source on behalf of an individual who has never received Title IV-A assistance, the bureau shall forward all money collected to the individual.
(e) Whenever the bureau receives a child support payment on behalf of an individual who currently receives a Title IV-A cash payment or an individual whose cash payment was recouped, the child support payment shall be distributed as follows:
(1) To the state, an amount not to exceed the lesser of:
- (A) the total amount of past public assistance paid to the individual's family; or
- (B) the amount assigned to the state by the individual under IC 12-14-7-1 .
- (2) To the individual, any amounts remaining after the distribution under subdivision (1).
- (f) Unless otherwise required by federal law, not more than seventy-five (75) days after a written request by a recipient, the bureau shall provide an accounting report to the recipient that identifies the bureau's claim to a child support payment or arrearage.
- (g) The bureau, the department of child services, and the department of state revenue may not charge a custodial parent a fee to seek or receive a payment through a state tax refund offset.
(h) When the payment of support has been assigned to the state by the application of assistance under Title IV-A or Title IV-E, the Title IV-D agency shall:
- (1) first provide notice to the obligee and the obligor that the payment of support has been assigned to the state; and
- (2) direct the clerk of court or the state central collection unit to forward the child support payment directly to the Title IV-D agency without further notice of the court.
- (i) A payment directed to the Title IV-D agency under subsection
- (h) shall be disbursed in accordance with federal regulations governing the Title IV-D program.
As added by P.L.145-2006, SEC.271. Amended by P.L.103-2007, SEC.45; P.L.80-2010, SEC.49; P.L.128-2012, SEC.89; P.L.207-2013, SEC.51; P.L.123-2014, SEC.9; P.L.206-2015, SEC.57; P.L.183-2017, SEC.10; P.L.94-2018, SEC.6.