Sec. 7. (a) In a proceeding under this article, a support enforcement agency of Indiana, upon request:

(1) shall provide services to a petitioner residing in a state;

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Terms Used In Indiana Code 31-18.5-3-7

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Fiduciary: A trustee, executor, or administrator.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) shall provide services to a petitioner requesting services through a central authority of a foreign country as described in IC 31-18.5-1-2(5)(A) or IC 31-18.5-1-2(5)(D); and

(3) may provide services to a petitioner who is an individual not residing in a state.

     (b) A support enforcement agency of Indiana that is providing services to the petitioner shall:

(1) take all steps necessary to enable an appropriate Indiana tribunal or a tribunal of another state or a foreign country to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time, and place for a hearing;

(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) within ten (10) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5) within ten (10) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

     (c) A support enforcement agency of Indiana that requests registration of a child support order in Indiana for enforcement or for modification shall make reasonable efforts:

(1) to ensure that the order to be registered is the controlling order; or

(2) if two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

     (d) A support enforcement agency of Indiana that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

     (e) A support enforcement agency of Indiana shall request an Indiana tribunal to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state under section 19 of this chapter.

     (f) This article does not create or negate a relationship of attorney and client or other fiduciary relationship between the support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

As added by P.L.206-2015, SEC.53.

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