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Indiana Paternity Law

Paternity – General – Indiana

Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Indiana, but does include basic and other provisions.

Statutes:

Indiana Code
TITLE 31
ARTICLE 14. FAMILY LAW: ESTABLISHMENT OF PATERNITY
Chapter 1. General Provisions

Sec. 1. (1997)
The general assembly favors the public policy of establishing paternity under this article of a child born out of wedlock.
Title 31, Article 14, Ch. 1, IC 31-14-1-1

Security to Secure Child Support, Custody, and Visitation Rights
Title 31, Article 14, Ch. 1.5, Chapter 1.5.

Sec. 1. (2005)
A bond required under this article to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order must:

(1) be in writing; and

(2) be secured by:

(A) at least one (1) resident freehold surety; or

(B) a commercial insurance company.

Title 31, Article 14, Ch. 1.5, IC 31-14-1.5-1

Sec. 2. (2005)
A bond described in section 1 of this chapter may be prepared in substantially the following form:

STATE OF INDIANA )
) SS:
COUNTY OF _________________ )
)
)
IN THE MATTER OF:
)
)
Name of Parent (As the Principal)
)
Name of Parent (As the Obligee)
)
)
CHILD:
)
Name of Child
)
KNOW ALL MEN BY THESE PRESENTS, that we _________, as Principal, and _____, as Surety, are held and firmly bound unto _____, as Obligee, in the penal sum of ____ Dollars ($____), for the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, an Order was duly made and entered by the above Court in the State of Indiana, County of ____, dated ____, defining custody, parenting time, and support rights regarding the named children.
NOW THEREFORE, the conditions of this obligation are such that:
1. No right of action on this bond shall be granted for the use or benefit of any individual, partnership, corporation, or other entity, other than the named Obligee.
2. It is agreed that neither this bond nor the obligation of this bond, nor any interest in this bond, may be assigned without the prior express written consent of the Surety.
3. Payment under this bond shall be conditioned upon the Obligee’s, or the representative of the Obligee’s filing a motion with the court seeking a declaration of forfeiture of the bond and the Court’s finding and entry of a final judgment ordering the Principal and Surety to make such payment. A certified copy of the filing shall be provided to the Surety at its address of record. The Surety shall make payment within thirty (30) days of receiving notification of the final judgment directly to a Trustee appointed by the Court who shall administer the funds in a fiduciary capacity.
4. The Surety shall not be liable hereunder for any amount larger than the face amount of this bond.
5. This bond and the obligation hereunder shall terminate and be of no further effect if the Court order requiring it is modified in any way without the Surety’s consent, the Court order expires, or this cause is removed to another jurisdiction.
6. The Surety may file a motion with the Court for discharge of this bond and its obligation hereunder for any good cause.
Good cause includes, but is not limited to, misrepresentation or fraud in the initial application for this bond, nonpayment of premium, loss of collateral, or resignation of the Indemnitor. The Surety shall give notice of any such motion to the Obligee.
NOW THEREFORE, if the Principal faithfully complies with the requirements and conditions of the Court Order within the limitations and parameters set forth therein, then this Obligation shall be void, otherwise it shall remain in full force and effect.
In witness whereof, each party to this bond has caused it to be executed at the place and on the date indicated below.
Signed, sealed and dated on this ____ day of ____, 20___.
Principal: Surety:
_______ _______
(Name and address of Principal)
(Name and address of Surety)
_______ _______
(Signature of Principal)
(Countersigned by attorney-in-fact)
(Surety seal)
Witness:

Title 31, Article 14, Ch. 1.5, IC 31-14-1.5-2

Sec. 3. (2005)
Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article may only be used to:

(1) reimburse the nonviolating party for actual costs or damages incurred in upholding the court’s order;

(2) locate and return the child to the residence as set forth in the court’s order, if the security, bond, or guarantee covers custody or parenting time, or both; or

(3) reimburse reasonable fees and court costs to the court appointed trustee.
Title 31, Article 14, Ch. 1.5, IC 31-14-1.5-3

Sec. 4. (2005)
Upon forfeiture, the proceeds of security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article that are not applied to the expenses described in section 3 of this chapter must be applied toward:

(1) the child’s higher education; or

(2) the support and maintenance of the child.
Title 31, Article 14, Ch. 1.5, IC 31-14-1.5-4

Chapter 2. Methods of Establishing Paternity

Sec. 1. (1997)
A man’s paternity may only be established:

(1) in an action under this article; or

(2) by executing a paternity affidavit in accordance with IC 16-37-2-2.1.
Title 31, Article 14, Ch. 2, IC 31-14-2-1

Chapter 3. Rules of Procedure in Paternity Actions

Sec. 1. (1997)
The Indiana Rules of Civil Procedure apply to paternity actions.
Title 31, Article 14, Ch. 3, IC 31-14-3-1

Sec. 2. (1997)
Venue lies in the county in which the child, the mother, or the alleged father resides.
Title 31, Article 14, Ch. 3, IC 31-14-3-2

Chapter 4. Parties Entitled to File Paternity Action

Sec. 1. (2006)
A paternity action may be filed by the following persons:

(1) The mother or expectant mother.

(2) A man alleging that:

(A) he is the child’s biological father; or

(B) he is the expectant father of an unborn child.

(3) The mother and a man alleging that he is her child’s biological father, filing jointly.

(4) The expectant mother and a man alleging that he is the biological father of her unborn child, filing jointly.

(5) A child.

(6) The department or a county office of family and children under section 3 of this chapter.

(7) The prosecuting attorney under section 2 of this chapter.

Title 31, Article 14, Ch. 4, IC 31-14-4-1

Sec. 2. (2006)

(a) Upon the request of:

(1) the child;

(2) the mother or expectant mother;

(3) a man alleging to be the father or expectant father;

(4) the department; or

(5) the county office of family and children;

the prosecuting attorney shall file a paternity action and represent the child in that action.

(b) A prosecuting attorney’s office may file a paternity action if the child is:

(1) or is alleged to be, a child in need of services; and

(2) under the supervision of the department or the county office of family and children as the result of a court ordered out-of-home placement.

Title 31, Article 14, Ch. 4, IC 31-14-4

Sec. 3. (2006)
The department or a county office of family and children may file a paternity action if:

(1) the mother;

(2) the person with whom the child resides; or

(3) the director of the county office of family and children has executed an assignment of support rights under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).

Title 31, Article 14, Ch. 4, IC 31-14-4-3

Chapter 5. Filing of Paternity Action; Limitations

Sec. 1. 1997)
Each petition in a paternity action must:

(1) be verified; and

(2) be captioned “In the Matter of the Paternity of ________”.

Title 31, Article 14, Ch. 5, IC 31-14-5-1

Sec. 2. (1997)

(a) A person less than eighteen (18) years of age may file a petition if the person is competent except for the person’s age. A person who is otherwise incompetent may file a petition through the person’s guardian, guardian ad litem, or next friend.

(b) Except as provided in subsection (c), a child may file a paternity petition at any time before the child reaches twenty (20) years of age.

(c) If a child is incompetent on the child’s eighteenth birthday, the child may file a petition not later than two (2) years after the child becomes competent.
Title 31, Article 14, Ch. 5, IC 31-14-5-2

Sec. 3. (2006)

(a) This section does not apply to an action filed by the department or its agents under section 4 of this chapter (or IC 31-6-6.1-6(c) before its repeal).

(b) The mother, a man alleging to be the child’s father, or the department or its agents must file a paternity action not later than two (2) years after the child is born, unless:

(1) both the mother and the alleged father waive the limitation on actions and file jointly;

(2) support has been furnished by the alleged father or by a person acting on his behalf, either voluntarily or under an agreement with:

(A) the mother;

(B) a person acting on the mother’s behalf; or

(C) a person acting on the child’s behalf;

(3) the mother, the division of family and children, or the department files a petition after the alleged father has acknowledged in writing that he is the child’s biological father;

(4) the alleged father files a petition after the mother has acknowledged in writing that he is the child’s biological father;

(5) the petitioner was incompetent at the time the child was born; or

(6) a responding party cannot be served with summons during the two (2) year period.

(c) If any of the conditions described in subsection (b) exist, the paternity petition must be filed not later than two (2) years after the condition described in subsection (b) ceases to exist.
Title 31, Article 14, Ch. 5, IC 31-14-5-3

Sec. 4. (2006)
If:

(1) public assistance has been furnished for the child by the division of family resources; and

(2) an assignment of support rights under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) has been executed on behalf of the child; the division of family resources or the county office of family and children may file an action before the child becomes nineteen (19) years of age or graduates from high school, whichever occurs first.

Title 31, Article 14, Ch. 5, IC 31-14-5-4

Sec. 5. (1997)
Notwithstanding any other provision of this chapter, an action must be filed:

(1) during the lifetime of the alleged father; or

(2) not later than five (5) months after his death.

Title 31, Article 14, Ch. 5, IC 31-14-5-5

Sec. 6. (1997)
The child, the child’s mother, and each person alleged to be the father are necessary parties to each action.
Title 31, Article 14, Ch. 5, IC 31-14-5-6

Sec. 7. (1997)
A man who files or is a party to a paternity action shall register with the putative father registry under IC 31-19-5.
Title 31, Article 14, Ch. 5, IC 31-14-5-7

Sec. 8. (1997)
An action not otherwise barred is not barred by:

(1) the death or stillbirth of the child; or

(2) the death of the mother.

Title 31, Article 14, Ch. 5, IC 31-14-5-8

Chapter 6. Blood Testing in Paternity Actions

Sec. 1. (1997)
Upon the motion of any party, the court shall order all of the parties to a paternity action to undergo blood or genetic testing. A qualified expert approved by the court shall perform the tests.
Title 31, Article 14, Ch. 6, IC 31-14-6-1

Sec. 2. (1997)
A party may object to the admissibility of genetic test results obtained under section 1 of this chapter (or IC 31-6-6.1-8(a) before its repeal) if the party files a written objection at least thirty (30) days before a scheduled hearing at which the test results may be offered as evidence. If a party does not file an objection under this section (or IC 31-6-6.1-8(b) before its repeal), the test results are admissible as evidence of paternity without the necessity of:

(1) foundation testimony; or

(2) other proof; regarding the accuracy of the test results.

Title 31, Article 14, Ch. 6, IC 31-14-6-2

Sec. 3. (1997)
The results of the tests and the finding of the expert:

(1) constitute conclusive evidence if the results and finding exclude a party as the biological father of the child; and

(2) are admissible in all paternity proceedings, unless the court excludes the results or finding for good cause.

Title 31, Article 14, Ch. 6, IC 31-14-6-3

Sec. 4 (2003)
If the state or a political subdivision of the state pays the initial costs of blood testing or genetic testing in a paternity action, the state or political subdivision may recover those costs from an individual found to be the biological parent of the child in the action.

If the state or a political subdivision of the state pays the initial costs of blood testing or genetic testing in a paternity action, the state or political subdivision may recover those costs from an individual found to be the biological parent of the child in the action. The court shall determine the manner in which reimbursement for the costs is to be made.
Title 31, Article 14, Ch. 6, IC 31-14-6-4

Sec. 5. (1999)
The chain of custody of blood or genetic specimens taken for testing may be established through verified documentation of each change of custody if:

(1) the documentation was made at or around the time of the change of custody;

(2) the documentation was made in the course of a regularly conducted business activity; and

(3) the documentation was made as a regular practice of a business activity.

Title 31, Article 14, Ch. 6, IC 31-14-6-5

Chapter 7. Presumption of Paternity

Sec. 1. (2001)
A man is presumed to be a child’s biological father if:

(1) the:

(A) man and the child’s biological mother are or have been married to each other; and

(B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;

(2) the:

(A) man and the child’s biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage:

(i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or

(ii) is voidable under IC 31-11-9; and

(B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution; or

(3) the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child’s biological father.

Title 31, Article 14, Ch. 7, IC 31-14-7-1

Sec. 2. (2001)

(a) If there is not a presumed biological father under section 1 or 1.5 of this chapter, there is a rebuttable presumption that a man is the child’s biological father if, with the consent of the child’s mother, the man:

(1) receives the child into the man’s home; and

(2) openly holds the child out as the man’s biological child.

(b) The circumstances under this section do not establish the man’s paternity. A man’s paternity may only be established as described in IC 31-14-2-1.
Title 31, Article 14, Ch. 7, IC 31-14-7-2

Sec. 3. (2001)
A man is a child’s legal father if the man executed a paternity affidavit in accordance with IC 16-37-2-2.1 and the paternity affidavit has not been rescinded or set aside under IC 16-37-2-2.1.
Title 31, Article 14, Ch. 7, IC 31-14-7-3

Chapter 8. Paternity Hearing

Sec. 1. (1997)
The court may enter a finding that a man is the child’s biological father without first holding a hearing on the matter if:

(1) the mother and the alleged father in the paternity issue execute and file with the court a verified written stipulation; or

(2) the parties have filed a joint petition alleging that the man is the child’s biological father.

Title 31, Article 14, Ch. 8, IC 31-14-8-1

Sec. 2. (1997)
If a man who is the alleged father in a paternity action under this article fails to appear for a hearing relating to the man’s paternity, the court shall enter a default order against the man upon a showing that the man received notice of the hearing.
Title 31, Article 14, Ch. 8, IC 31-14-8-2

Sec. 3 (1997)
(Repealed by P.L.257-1997(ss), SEC.40.)
Title 31, Article 14, Ch. 8, IC 31-14-8-3

Sec. 4. (1997)
Upon the request of any party, the court shall grant a continuance of the final paternity hearing until after the child is born.
Title 31, Article 14, Ch. 8, IC 31-14-8-4

Chapter 9. Record of Paternity Determination

Sec. 1. (1997)
Upon a finding that a man is a child’s biological father, the clerk of the court shall prepare a record of the paternity determination on a form prescribed and furnished by the state department of health. The record must include the following:

(1) Facts necessary to locate and identify the birth certificate of the child whose paternity has been established.

(2) A notice from the court indicating that the child’s paternity has been established in a court proceeding under this article (or IC 31-6-6.1 before its repeal), including identification of the court action and proceedings.

(3) The name and address of the child’s father.

Title 31, Article 14, Ch. 9, IC 31-14-9-1

Sec. 2. (1997)
Not later than the tenth day of each month, the clerk of the court shall forward to the state department of health the following:

(1) Each record of a paternity determination entered during the preceding month.

(2) Each order entered during the preceding month indicating that a court has set aside a paternity determination.

(3) Any other related reports that the state department of health requires.

Title 31, Article 14, Ch. 9, IC 31-14-9-2

Chapter 10. Hearing to Determine Support, Custody, and Visitation Following Determination of Paternity

Sec. 1. (2009)
Upon finding that a man is the child’s biological father, the court shall, in the initial determination, conduct a hearing to determine the issues of support, custody, and parenting time. Upon the request of any party or on the court’s own motion, the court may order a probation officer to prepare a report to assist the court in determining these matters.
Title 31, Article 14, Ch. 10, IC 31-14-10-1

Sec. 2. (2009)
The probation officer may do the following:

(1) Consult with any person who may have information about the child and the child’s potential custodial arrangements.

(2) Upon approval of the court, refer the child for professional diagnosis and evaluation.

(3) Without consent from the child’s parent or guardian, consult with and obtain information concerning the child from:

(A) medical;

(B) psychiatric;

(C) psychological; or

(D) other; persons who have knowledge of the child.

Title 31, Article 14, Ch. 10, IC 31-14-10-2

Sec. 3. (2005)
The court may make findings and orders without holding the hearing required by section 1 of this chapter if:

(1) the mother and the alleged father execute and file with the court a verified written stipulation; or

(2) the parties have filed a joint petition; resolving the issues of custody, child support, and parenting time. The court shall incorporate provisions of the written stipulation or joint petition into orders entered under this section.

Title 31, Article 14, Ch. 10, IC 31-14-10-3

Chapter 11. Support Following Determination of Paternity

Sec. 1. (1997)
If:

(1) a paternity affidavit is executed under IC 16-37-2-2.1; and

(2) the man who executed the paternity affidavit fails to set forth evidence at a child support hearing that rebuts the man’s paternity, an order establishing paternity and child support for the child named in the paternity affidavit may be obtained at a child support hearing without any further proceedings to establish the child’s paternity.

Title 31, Article 14, Ch. 11, IC 31-14-11-1

Sec. 1.1. (1997)
In a paternity proceeding, the court shall issue a temporary order for child support if there is clear and convincing evidence that the man involved in the proceeding is the child’s biological father.
Title 31, Article 14, Ch. 11, IC 31-14-11-1.1

Sec. 2. (2006)
The court may order either or both parents to pay any reasonable amount for child support after considering all relevant factors, including the following:

(a) The court may order either or both parents to pay any reasonable amount for child support after considering all relevant factors, including the following:

(1) The financial resources of the custodial parent.

(2) The standard of living the child would have enjoyed had the parents been married and remained married to each other.

(3) The physical and mental condition of the child.

(4) The child’s educational needs.

(5) The financial resources and needs of the noncustodial parent.

(b) The court shall order a custodial parent or third party under section 9 of this chapter who receives child support to obtain an account at a financial institution unless:

(1) the custodial parent or third party files a written objection before a child support order is issued; and

(2) the court finds that good cause exists to exempt the custodial parent or third party from the account requirement.

A custodial parent or third party ordered to obtain an account shall provide the clerk of the circuit court and the state central collection unit with an account number and any other information necessary to transfer funds to the account.

(c) In accordance with its policies, a financial institution may restrict or deny services to a person ordered to obtain an account under this section.Title 31, Article 14, Ch. 11, IC 31-14-11-2

Sec. 3. (2002)
Where appropriate, the support order may include:

(a) Where appropriate, the support order may include:

(1) money for the child’s education beyond grade 12, after the court has considered:

(A) the child’s aptitude and ability;

(B) the child’s reasonable ability to contribute to educational expenses through:

(i) work;

(ii) obtaining loans; and

(iii) obtaining other sources of financial aid reasonably available to the child and the parent or parents; and

(C) the ability of the parents to meet these expenses;

(2) special medical, hospital, or dental expenses necessary to serve the best interests of the child;

(3) fees mandated under Title IV-D of the federal Social Security Act (42 U.S.C. ยง 651 through 669); and

(4) basic health and hospitalization insurance coverage for the child.

(b) If, however, the Title IV-D agency initiates action to establish or modify a support obligation and petitions the court to include basic health and hospitalization insurance coverage in the support order, the court shall include a provision addressing insurance coverage for the child.

(c) In an action initiated by the Title IV-D agency or other parties, the court may order the parent who is ordered to pay child support to provide the insurance coverage for the child if the insurance coverage is available to the parent at reasonable cost.

Title 31, Article 14, Ch. 11, IC 31-14-11-3

Sec. 4. (2007)
If the court orders support for a child’s educational expenses at a postsecondary educational institution under section 3 of this chapter, the court shall reduce other child support for the child that:

(1) is duplicated by the educational support order; and

(2) would otherwise be paid to the custodial parent.

Title 31, Article 14, Ch. 11, IC 31-14-11-4

Sec. 5. (1997)
The support order:

(1) may include the period dating from the birth of the child; and

(2) must include the period dating from the filing of the paternity action.

Title 31, Article 14, Ch. 11, IC 31-14-11-5

Sec. 6. (1997)
The court may set aside any portion of either parent’s property that may be necessary and proper for the support of the child.
Title 31, Article 14, Ch. 11, IC 31-14-11-6

Sec. 7. (2001)
The court may provide in:

(1) a support order; or

(2) modification of a support order; for the security, bond, or other guarantee that is satisfactory to the court to secure the obligation to make support payments.

Title 31, Article 14, Ch. 11, IC 31-14-11-7

Sec. 8. (1997)
A support order may be modified or revoked upon a showing:

(1) of a substantial change in circumstances that makes the terms unreasonable; or

(2) that:

(A) a person has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and

(B) the support order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.

Title 31, Article 14, Ch. 11, IC 31-14-11-8

Sec. 9. (2006)
The court may order that support payments be made to any appropriate person.
Title 31, Article 14, Ch. 11, IC 31-14-11-9

Sec. 10. (1997)
Support payments may be used only for the benefit of the child. However, if the payments are assigned to the state agency administering Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669), the payments shall be disbursed and fees shall be imposed in accordance with Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).
Title 31, Article 14, Ch. 11, IC 31-14-11-10

Sec. 11. (1997)
The court shall require that support payments be made through the clerk of the court or the child support bureau under IC 12-17-2 as trustee for remittance to the person entitled to receive the payments, unless the court has reasonable grounds for providing or approving another method of payment.
Title 31, Article 14, Ch. 11, IC 31-14-11-11

Sec. 12. (1997)

(a) If the clerk of the court is notified by the Title IV-D agency or the agency’s designee that:

(1) the child who is the beneficiary of a support order is receiving assistance under the federal Title IV-A assistance program (42 U.S.C. 601 et seq.); and

(2) an assignment of support rights in favor of the state is in effect against the person obligated to make child support payments; the clerk of the court shall forward the child support payments directly to the Title IV-D agency without further order of the court.

(b) The Title IV-D agency shall disburse the child support payments in accordance with federal regulations governing the Title IV-D program.
Title 31, Article 14, Ch. 11, IC 31-14-11-12

Sec. 13. (1997)

(a) The clerk shall maintain records listing the following:

(1) The amount of child support payments.

(2) The date when child support payments must be made.

(3) The names and addresses of the parties affected by the order.

(4) The information required to be submitted to the clerk by sections 14 and 15 of this chapter.

(b) If the clerk elects under IC 5-13-6-4(a) not to follow the accounting and depository procedures required by IC 5-13-6, the clerk shall comply with IC 5-13-6-4(b).
Title 31, Article 14, Ch. 11, IC 31-14-11-13

Sec. 14. (2001)
The custodial parent and the noncustodial parent shall furnish the following information to the clerk of the court at the time of the issuance or modification of a child support order:

(1) The parent’s Social Security number.

(2) The name and address of the parent’s employer.

Title 31, Article 14, Ch. 11, IC 31-14-11-14

Sec. 15. (2007)
(a) A party affected by a support order shall inform the clerk and the state central collection unit established by IC 31-33-1.5-8 of any change of address not more than fifteen (15) days after the party’s address is changed.

(b) At the time of the issuance or modification of a support order, the parties affected by the order shall inform the clerk and the state central collection unit established by IC 31-33-1.5-8 of:

(1) whether any of the parties is receiving or has received assistance under the:

(A) federal Aid to Families with Dependent Children program ( 42 U.S.C. 601 et seq.); or

(B) federal Temporary Assistance to Needy Families (TANF) program (45 CFR 260 et seq.); and

(2) the Social Security number of any child affected by the order. The Social Security number required under subdivision (2) shall be kept confidential and used only to carry out the purposes of the Title IV-D program.
Title 31, Article 14, Ch. 11, IC 31-14-11-15

Sec. 16. (1997)
In all cases administered by the Title IV-D agency, the court shall order the noncustodial parent to inform the Title IV-D agency and the court of:

(1) the name and address of the noncustodial parent’s current employer;

(2) specific health insurance policy information, including access to health insurance plans; and

(3) the Social Security number of the noncustodial parent.

Title 31, Article 14, Ch. 11, IC 31-14-11-16

Sec. 17. (1997)
If the child dies while a support order is in effect, the court may order either or both parents to pay reasonable funeral expenses.
Title 31, Article 14, Ch. 11, IC 31-14-11-17

Sec. 18. (1997)
The duty to support a child under this article (or IC 31-6-6.1 before its repeal) ceases when the child becomes twenty-one (21) years of age unless either of the following conditions occurs:

(1) The child is emancipated before the child becomes twenty-one (21) years of age. If this occurs, the child support, except for educational needs, terminates at the time of emancipation. However, an order for educational needs may continue in effect until further order of the court.

(2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.

Title 31, Article 14, Ch. 11, IC 31-14-11-18

Sec. 19. (1997)
Unless otherwise agreed in writing or expressly provided in the order, provisions for child support are terminated by the emancipation of the child, but not by the death of a parent obligated to pay support.
Title 31, Article 14, Ch. 11, IC 31-14-11-19

Sec. 20. (1997)
Subject to section 19 of this chapter, if a parent obligated to pay support dies, the amount of support may be modified or revoked to the extent just and appropriate under the circumstances on petition of representatives of the parent’s estate.
Title 31, Article 14, Ch. 11, IC 31-14-11-20

Sec. 21. (1997)
Child support that:

(1) the parent was obligated to pay; and

(2) has not been paid at the time of the parent’s death; constitutes a priority claim against the estate.

Title 31, Article 14, Ch. 11, IC 31-14-11-21

Sec. 22. (1997)
The obligation of a person to pay child support arrearages does not terminate when the person’s duty to support a child ceases under section 21 of this chapter (or IC 31-6-6.1-13(f) before its repeal). The statutes applicable to the collection of child support obligations apply to the collection of child support arrearages described in this section.
Title 31, Article 14, Ch. 11, IC 31-14-11-22

Sec. 23. (1997)
If a court vacates or has vacated a man’s paternity of a child based on fraud or mistake of fact, the man’s child support obligation, including any arrearage, terminates.
Title 31, Article 14, Ch. 11, IC 31-14-11-23

Sec. 24. (1997)
After a proper showing of necessity, the court may order the person receiving child support to provide an accounting of future expenditures.
Title 31, Article 14, Ch. 11, IC 31-14-11-24
Chapter 12. Enforcement of Support Order Following Determination of Paternity

Sec. 1. (1997)

(a) A court may, upon application by a person or an agency entitled to receive child support payments ordered by the court, order interest charges equal to one and one-half percent (1.5%) per month to be paid on any delinquent child support payment that occurs. The person or agency may apply for interest:

(1) at the time the support order is issued or modified; or

(2) whenever support payments are not made in accordance with the support order.

(b) Interest charges may be collected in the same manner as support payments.
Title 31, Article 14, Ch. 12, IC 31-14-12-1

Sec. 2. (2007)
Upon application for enforcement of a support order, the court may:

(1) enforce a judgment created under IC 31-16-16-2 (or IC 31-2-11-8 before its repeal) for the unpaid amount;

(2) issue an income withholding order as provided in IC 31-16-15-1; or

(3) implement an existing income withholding order as provided in IC 31-16-15-2.

Title 31, Article 14, Ch. 12, IC 31-14-12-2

Sec. 2.5. (2002) IC 31-14-12-2.5 (a) This section does not apply to a support order entered….

(a) This section does not apply to a support order entered in a Title IV-D case.

(b) A custodial parent may, under IC 31-16-12.5, seek a setoff of the state income tax refund of a child support obligor against whom a child sup

port order was entered under IC 31-14-11. (c) A custodial parent may not be charged a fee to seek a setoff of a state income tax refund as described in subsection (b).

Title 31, Article 14, Ch. 12, IC 31-14-12-2.5

Sec. 3. (2002)
If the court finds that a party is delinquent as a result of an intentional violation of an order for support, the court may find the party in contempt of court.

(a) If the court finds that a party is delinquent as a result of an intentional violation of an order for support, the court may find the party in contempt of court.

(b) If an action or request to enforce payment of a child support arrearage is commenced not later than ten (10) years after:

(1) the child becomes eighteen (18) years of age; or

(2) the emancipation of the child; whichever occurs first, the court may, upon a request by the person or agency entitled to receive child support arrearages, find a party in contempt of court.

(c) The court may order a party who is found in contempt of court under this section to:

(1) perform community restitution or service without compensation in a manner specified by the court; or

(2) seek employment.

Title 31, Article 14, Ch. 12, IC 31-14-12-3

Sec. 4. (2006)
If a court finds that a person is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, the court shall issue an order to the bureau of motor vehicles:

(1) stating that the person is delinquent; and

(2) ordering the following:

(A) If the person who is the subject of the order holds a driving license or permit on the date of issuance of the order, that the driving privileges of the person be suspended until the bureau receives a further order of the court recommending reinstatement.

(B) If the person who is the subject of the order does not hold a driving license or permit on the date of issuance of the order, that the bureau may not issue a driving license or permit to the person until the bureau receives a further order of the court recommending issuance.

Title 31, Article 14, Ch. 12, IC 31-14-12-4

Sec. 5. (2006)
If a court finds that a person who is an applicant (as defined in IC 25-1-1.2-1), a practitioner (as defined in IC 25-1-1.2-6), an attorney, or a licensed teacher is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, the court shall issue an order to the board regulating the practice of the person’s profession or occupation:

(1) requiring that the person’s or practitioner’s license be suspended until further order of the court; or

(2) ordering the board not to issue a license to the person who is the subject of the order if the person does not currently hold a license.

Title 31, Article 14, Ch. 12, IC 31-14-12-5

Sec. 6. (2006)
f a court finds that a person who holds a license issued under IC 4-31-6 or IC 4-33 is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for child support, the court shall issue an order to:

(1) the Indiana horse racing commission if the person holds a license issued under IC 4-31-6; or

(2) the Indiana gaming commission if the person holds a license issued under IC 4-33 requiring that the person’s license be suspended until further order of the court.

Title 31, Article 14, Ch. 12, IC 31-14-12-6

Sec. 7. (2006)
If a court finds that a person who holds a license or who is an applicant for a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for child support, the court shall issue an order to the commissioner of the department of insurance:

(1) requiring that the person’s license be suspended until further order of the court;

(2) ordering the commissioner not to issue a license to the person who is the subject of the order if the person does not currently hold a license; or

(3) ordering the commissioner not to renew the license of the person who is the subject of the order.

Sec. 8. (1997)
The Title IV-D agency shall provide the full name, date of birth, verified address, and Social Security number or driving license number of the person who is the subject of an order under:

(1) section 4 of this chapter to the bureau of motor vehicles;

(2) section 5 of this chapter to the board regulating the person’s profession or occupation;

(3) section 6 of this chapter to the Indiana horse racing commission or the Indiana gaming commission; and

(4) section 7 of this chapter to the commissioner of the department of insurance.

Title 31, Article 14, Ch. 12, IC 31-14-12-8

Sec. 9. (2007)
Notwithstanding section 4, 5, 6, or 7 of this chapter, the court may stay issuance of an order under section 4, 5, 6, or 7 of this chapter (or IC 31-6-6.1-16(j), IC 31-6-6.1-16(k), IC 31-6-6.1-16(l), or IC 31-6-6.1-16(m) before the repeal of IC 31-6-6.1-16) if:

(1) the person pays the child support arrearage in full; or

(2) an income withholding order under IC 31-16-15 (or IC 31-2-10 before its repeal) is implemented and a payment plan to pay the arrearage is established.

Title 31, Article 14, Ch. 12, IC 31-14-12-9
Chapters 13-16 omitted.

Chapter 17. Expenses of Childbirth

Sec. 1. (2001)
The court shall order the father to pay at least fifty percent (50%) of the reasonable and necessary expenses of the mother’s pregnancy and childbirth, including the cost of:

(1) prenatal care;

(2) delivery;

(3) hospitalization; and

(4) postnatal care.

Title 31, Article 14, Ch. 17, IC 31-14-17-1
Chapter 18. Court Costs

Sec. 1. (1997)
The court may tax as costs the reasonable expenses of any medical tests authorized under IC 31-14-6 (or IC 31-6-6.1-8 before its repeal).
Title 31, Article 14, Ch. 18, IC 31-14-18-1

Sec. 2. (2006)

(a) The court may order a party to pay:

(1) a reasonable amount for the cost to the other party of maintaining an action under this article; and

(2) a reasonable amount for attorney’s fees, including amounts for legal services provided and costs incurred, before the commencement of the proceedings or after entry of judgment.

(b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney’s name.

(c) Except as otherwise provided by law, neither costs nor attorney’s fees may be taxed against an agency or the agency’s agents that is authorized to maintain proceedings under this article by Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17.
Title 31, Article 14, Ch. 18, IC 31-14-18-2

Chapter 19. Paternity Determination by Foreign Jurisdiction

Sec. 1. (1997)
A court or Title IV-D agency shall give full faith and credit to a paternity determination made by another state or foreign jurisdiction regardless of whether the determination is made through:

(1) a voluntary acknowledgment; or

(2) a judicial or an administrative process.

Title 31, Article 14, Ch. 19, IC 31-14-19-1
Chapter 20. Registration With Putative Father Registry

Sec. 1. (1997)

(a) This section does not apply to a man whose paternity is established under this article (or IC 31-6-6.1 before its repeal) before the filing of a petition to adopt the man’s child.

(b) A man who files or is a party to a paternity action under this article shall register with the putative father registry under IC 31-19-5 within the period provided under IC 31-19-5-12.
Title 31, Article 14, Ch. 20, IC 31-14-20-1

Sec. 2. (1997)

(a) A man who fails to register with the putative father registry as required by section 1 of this chapter waives the right to notice of an adoption of a child who is the subject of the paternity action:

(1) if the adoption is filed before the man establishes paternity; and

(2) in which the child’s mother does not disclose to an attorney or agency arranging the adoption the name or address of the child’s putative father.

(b) A waiver under this section constitutes the man’s irrevocably implied consent to the child’s adoption.
Title 31, Article 14, Ch. 20, IC 31-14-20-2

Chapter 21. Requirements When Adoption Pending for Child Who Is Subject of Paternity Action

Sec. 1. (1997)
Sections 1 through 7 of this chapter apply if a man who files or is a party to a paternity action under this article (or IC 31-6-6.1 before its repeal) is:

(1) served with notice under:

(A) IC 31-19-3 (or IC 31-3-1-6.4 before its repeal); or

(B) IC 31-19-4-1 through IC 31-19-4-9 (or IC 31-3-1-6.1 before its repeal); or

(2) informed in any other manner of a pending or potential adoption of a child who is the subject of the paternity action.

Title 31, Article 14, Ch. 21, IC 31-14-21-1

Sec. 2. (1997)
Sections 1 through 7 of this chapter do not apply to a man whose paternity of a child is established before the filing of a petition to adopt the man’s child.
Title 31, Article 14, Ch. 21, IC 31-14-21-2

Sec. 3. (1997)
A putative father shall give notice of the paternity action to an attorney or agency that serves the putative father with notice as described in section 1(1) of this chapter.
Title 31, Article 14, Ch. 21, IC 31-14-21-3

Sec. 4. (1997)
A putative father who has not been served with notice of a paternity action as described in section 1(1) of this chapter but knows:

(1) that an adoption has been filed; and

(2) the court in which the adoption is pending shall serve the clerk of the court having jurisdiction over the adoption with notice of the paternity action.

Title 31, Article 14, Ch. 21, IC 31-14-21-4

Sec. 5. (1997)
The notice required by sections 3 and 4 of this chapter must include:

(1) the name of the court;

(2) the cause number; and

(3) the date of filing of the paternity action.

Title 31, Article 14, Ch. 21, IC 31-14-21-5

Sec. 6. (1997)
If:

(1) a putative father fails to provide notice under section 3 or 4 of this chapter; and

(2) the prospective adoptive parents file a motion to intervene, the court with jurisdiction over the paternity action shall allow the prospective adoptive parents to intervene in the paternity action under Rule 24 of the Indiana Rules of Trial Procedure as described in section 8 of this chapter.

Title 31, Article 14, Ch. 21, IC 31-14-21-6

Sec. 7. (1997)
If the court has already established the paternity of a father who fails to provide notice under section 3 or 4 of this chapter and the prospective adoptive parents file a motion to intervene, the court shall:

(1) set aside the paternity determination to reinstate the paternity action; and

(2) allow the prospective adoptive parents to intervene as described in section 6 of this chapter.

Title 31, Article 14, Ch. 21, IC 31-14-21-7

Sec. 8. (1997)

(a) If:

(1) an adoption of a child who is the subject of the paternity action is pending; and

(2) the prospective adoptive parents file a motion to intervene;

then, the court having jurisdiction over the paternity action under this article shall allow the prospective adoptive parents to intervene in the paternity action under Rule 24 of the Indiana Rules of Trial Procedure.

(b) The prospective adoptive parents may intervene under this section solely for purposes of:

(1) receiving notice of the paternity proceedings; and

(2) attempting to ensure that the putative father’s paternity is not established unless the putative father is the child’s biological father.

(c) A prospective adoptive parent may object to any error that occurs during the paternity proceedings.
Title 31, Article 14, Ch. 21, IC 31-14-21-8

Sec. 9. (2003)
Subject to IC 31-19-2-14, if a court presiding over a paternity action under this article knows of:

(a) Subject to IC 31-19-2-14, if a court presiding over a paternity action under this article knows of:

(1) a pending adoption of a child who is the subject of the paternity action; and

(2) the court in which the adoption is pending; the court having jurisdiction over the paternity action shall establish a child’s paternity within the period prescribed by this chapter.

(b) Subject to IC 31-19-2-14, the court shall conduct an initial hearing not more than thirty (30) days after:

(1) the filing of the paternity petition; or

(2) the birth of the child; whichever occurs later.

Title 31, Article 14, Ch. 21, IC 31-14-21-9

Sec. 9.1. (1999)

(a) At the initial hearing held under section 9 of this chapter, the court shall order all the parties to the paternity action to undergo blood or genetic testing.

(b) If the alleged father is unable to pay for the initial costs of the testing, the court shall order that the tests be paid by the state department of health from putative father registry fees collected under IC 31-19-2-8(2). The state department of health may recover costs from an individual found to be the biological father of the child in the action.
Title 31, Article 14, Ch. 21, IC 31-14-21-9.1

Sec. 9.2. (1999)
Not later than ninety (90) days after the initial hearing held under section 9 of this chapter, the court shall conduct a final hearing to determine paternity. Not more than fourteen (14) days after the final hearing, the court shall issue its ruling in the paternity action.
Title 31, Article 14, Ch. 21, IC 31-14-21-9.2

(Repealed by P.L.200-1999, SEC.34.)
Title 31, Article 14, Ch. 21, IC 31-14-21-10

(Repealed by P.L.200-1999, SEC.34.)
Title 31, Article 14, Ch. 21, IC 31-14-21-11

(Repealed by P.L.200-1999, SEC.34.)
Title 31, Article 14, Ch. 21, IC 31-14-21-12


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