Authority: IC 31-25-2-18; IC 31-25-4-27

Affected: IC 31-25-4

Sec. 11.5. (a) When the department determines that a child support payment processed through the statewide child support system has resulted in an overpayment to an individual, such overpayment may be recouped from the individual by the department.

(b) Upon determination by the department that child support payment(s) resulted in an overpayment to an individual, the department shall:

1. (1) provide the individual with notice of intent to recoup the overpayment, in accordance with subsections (d) and (e); and
2. (2) attempt to obtain the individual's written consent for recoupment of the overpayment.

(c) If the individual fails to respond after three (3) notices provided by the department in accordance with subsections (d) and (e), the individual's consent to recoupment may be presumed, and the department may proceed to recoup the overpayment by the withholding of subsequent child support payments up to the amount of overpayment distributed to the individual.

(d) Notice(s) required under this section shall specify:

1. (1) that a child support payment was distributed in error to the individual;
2. (2) the amount of the payment(s) and the date(s) the payment(s) were distributed to the individual;
3. (3) the address to which the individual should send a response to the notice;
4. (4) that the individual has fifteen (15) days from the date the notice is mailed in which to respond in writing to the notice; and
5. (5) that, if the individual fails to respond after the third notice, the individual's consent may be presumed and the department may proceed to recoup the overpayment by the withholding of subsequent child support payments up to the total amount of the overpayment(s) distributed to the individual.

(e) Notice(s) provided under this section will be sent no earlier than thirty (30) days after any prior notice under this section has been provided.

(f) Nothing in this section shall be interpreted to preclude or prevent the department from entering into an agreement with the individual or pursuing any other criminal, civil, or administrative remedies to recover an overpayment of child support.

(Department of Child Services; 465 IAC 1-1-11.5; filed Oct 26, 2016, 1:50 p.m.: 20161123-IR-465160054FRA; readopted filed Jan 18, 2022, 10:13 a.m.: 20220216-IR-465210509RFA)