Sec. 2. (a) A dependent spouse may bring an action under section 1 of this chapter by filing a complaint against the other spouse and against other persons who may be joined as codefendants in the action under section 1(b) of this chapter. The complaint must contain the following:

(1) An allegation of the marriage of the dependent spouse and the other spouse.

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Terms Used In Indiana Code 31-16-14-2

  • Allegation: something that someone says happened.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dependent: A person dependent for support upon another.
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
(2) The name and age of each dependent child living with or in the custody of the dependent spouse.

(3) A statement that the dependent spouse may bring the action for a reason described in section 1(a) of this chapter.

(4) The most specific possible description of the real and personal property of the other spouse that is in Indiana.

(5) An allegation of the probable value of the real and personal property of the other spouse that is in Indiana.

(6) The circumstances and mode of life of the dependent spouse and other spouse.

(7) The amount necessary to support the dependent spouse and dependent children.

     (b) If other persons are joined as codefendants in the action under section 1(b) of this chapter, the complaint described in subsection (a) must also contain the following:

(1) An allegation that the other persons:

(A) are indebted to either spouse; or

(B) have rights, credits, or choses in action that belong to either spouse and that are in the possession or control of the other persons.

(2) An allegation of the amount of indebtedness under subdivision (1)(A).

(3) An allegation of the value of the rights, credits, and choses in action described in subdivision (1)(B).

[Pre-1997 Recodification Citation: 31-7-11-2.]

As added by P.L.1-1997, SEC.8.

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