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IC 31-16-6-1
Child support orders; relevant factors; account at financial
institution
Sec. 1. (a) In an action for dissolution of marriage under
IC 31-15-2, legal separation under IC 31-15-3, or child support under
IC 31-16-2, the court may order either parent or both parents to pay
any amount reasonable for support of a child, without regard to
marital misconduct, after considering all relevant factors, including:
(1) the financial resources of the custodial parent;
(2) the standard of living the child would have enjoyed if:
(A) the marriage had not been dissolved; or
(B) the separation had not been ordered;
(3) the physical or mental condition of the child and the child's
educational needs; and
(4) the financial resources and needs of the noncustodial parent.
(b) The court shall order a custodial parent or third party under
IC 31-16-10-1 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 or other person or entity acting
as assignee or trustee for remittance 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.
(d) This section may not be construed to require the clerk of the
circuit court to remit child support payments by electronic funds
transfer.
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.9.
IC 31-16-6-2
Expenses for child's education and health care; Title IV-D fees
Sec. 2. (a) The child support order or an educational support order
may also include, where appropriate:
(1) amounts for the child's education in elementary and
secondary schools and at postsecondary educational
institutions, taking into account:
(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 each parent; and
(C) the ability of each parent to meet these expenses;
(2) special medical, hospital, or dental expenses necessary to
serve the best interests of the child; and
(3) fees mandated under Title IV-D of the federal Social
Security Act (42 U.S.C. 651 through 669).
(b) If the court orders support for a child's educational expenses
at a postsecondary educational institution under subsection (a), the
court shall reduce other child support for that child that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.361.
IC 31-16-6-3
Setting aside parent's property
Sec. 3. As part of the child support order the court may set apart
the part of the property of either parent or both parents that appears
necessary and proper for the support of the child.
As added by P.L.1-1997, SEC.8.
IC 31-16-6-4
Medical support
Sec. 4. (a) A child support order must include an order for
medical support to be provided by either or both parents.
(b) An order for medical support under this section shall be
enforced under 42 U.S.C. 666(a)(19).
As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.10;
P.L.103-2007, SEC.18.
IC 31-16-6-5
Security, bond, or other guarantees
Sec. 5. Upon entering an order under section 1 of this chapter, the
court may provide for such security, bond, or other guarantee that is
satisfactory to the court to secure the obligation to make child
support payments.
As added by P.L.1-1997, SEC.8.
IC 31-16-6-6
Termination or modification of child support; emancipation of
child
Sec. 6. (a) The duty to support a child under this chapter ceases
when the child becomes twenty-one (21) years of age unless any of
the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21)
years of age. In this case the child support, except for the
educational needs outlined in section 2(a)(1) of this chapter,
terminates at the time of emancipation, although an order for
educational needs may continue in effect until further order of
the court.
(2) The child is incapacitated. In this case the child support
continues during the incapacity or until further order of the
court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary
educational institution for the prior four (4) months and is
not enrolled in a secondary school or postsecondary
educational institution; and
(C) is or is capable of supporting himself or herself through
employment.
In this case the child support terminates upon the court's finding
that the conditions prescribed in this subdivision exist.
However, if the court finds that the conditions set forth in
clauses (A) through (C) are met but that the child is only
partially supporting or is capable of only partially supporting
himself or herself, the court may order that support be modified
instead of terminated.
(b) For purposes of determining if a child is emancipated under
subsection (a)(1), if the court finds that the child:
(1) has joined the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court;
the court shall find the child emancipated and terminate the child
support.
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.362.
IC 31-16-6-7
Effect of child's emancipation or death of parent obligated to pay
support
Sec. 7. (a) Unless otherwise agreed in writing or expressly
provided in the order, provisions for child support are terminated:
(1) by the emancipation of the child; but
(2) not by the death of the parent obligated to pay the child
support.
(b) If the 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.
As added by P.L.1-1997, SEC.8.
IC 31-16-6-8
Repealed
(Repealed by P.L.197-1997, SEC.29.)