Section 31-16-15-2.7 - Income withholding order; forms(a) The bureau shall:(1) prescribe standard forms for: (A) an income withholding order; and(2) make the forms listed in subdivision (1) available to:(b) An income withholding order under this chapter must be issued in a form substantially similar to the form prescribed under subsection (a)(1)(A).(c) An income withholding order form under subsection (a)(1)(A) must contain the following: (1) The amount of income to be withheld.(2) A statement that the total amount of income to be withheld is the sum of the following: (A) The obligor's current child support obligation.(B) The amount of any child support arrearage ordered by the court.(C) An additional amount as determined under section 2.5(f) of this chapter for:(i) any arrearage that has not been adjudicated, if no arrearage has been adjudicated previously; or(ii) any additional arrearage that has not been adjudicated and accrues since the last adjudication of arrearage by the court.(D) A fee of two dollars ($2) that must be paid at the income payor's option to the income payor each time the income payor forwards income to the state central collection unit.(3) A statement that the total amount withheld under the income withholding order plus the fee under subdivision (2)(D) may not exceed the maximum amount permitted under 15 U.S.C. 1673(b).(4) A statement that an income payor shall: (A) begin withholding income not later than the first pay date after fourteen (14) days following the date the income withholding order is received by the income payor; and(B) report to the state central collection unit the date on which the income was withheld from the obligor's income.(5) A statement that if an income payor is required to withhold income from more than one (1) obligor, the income payor may combine the withheld amount of income into a single payment for all obligors who are required to make payments to the state central collection unit if the income payor identifies the part of the single payment that is attributable to each individual obligor.(6) A statement that if the obligor has: (A) more than one (1) income withholding order against the obligor; and(B) insufficient disposable earnings to pay the amount of income withholding for all income withholding orders; an income payor shall honor all withholdings to the extent that the total amount withheld does not exceed limits imposed under 15 U.S.C. 1673(b).
(7) A statement that the income payor shall distribute the withheld income pro rata among the persons entitled to receive income under the income withholding orders, giving priority to orders for current child support.(8) A statement that the income payor may not distribute income as described under subdivision (7) in a manner that would result in one (1) of the current child support obligations not being honored.(9) A statement that the income payor shall forward the amount withheld for current support and any arrears to the state central collection unit with a statement identifying the: (A) cause number for the obligee;(C) name of the obligee with the applicable income withheld for each obligee forwarded from the income payor; and(D) Indiana support enforcement tracking system (ISETS) or its successor statewide automated support enforcement system number for each obligee.(10) A statement that the income withholding order is binding upon the income payor until further notice by the Title IV-D agency.(11) A statement that if an income payor:(A) discharges the obligor from employment;(B) refuses to employ the obligor;(C) takes disciplinary action against the obligor employed by the income payor; or(D) otherwise discriminates against the obligor; because of the existence of an income withholding order or the obligations imposed upon the income payor by the income withholding order, the income payor is subject to a penalty of not more than five thousand dollars ($5,000) payable to the state and recoverable in a civil action.
(12) A statement that if an income payor fails to withhold income in accordance with the income withholding order, the income payor is liable for: (A) the accumulated amount the income payor should have withheld from the obligor's income; and(B) any interest, attorney's fees, and costs.(13) A statement that an income withholding order under this chapter has priority over any secured or unsecured claim on income, except for claims for federal, state, and local taxes.(14) A statement that an income payor must:(A) notify the Title IV-D agency if the obligor:(i) ceases employment with; or(ii) no longer receives income from; the income payor, not later than ten (10) days after the date the obligor's employment or income ceases; and
(B) provide the obligor's last known address and the name and address of the obligor's new income payor, if known, to the Title IV-D agency.Amended by P.L. 128-2012, SEC. 39, eff. 7/1/2012.As added by P.L. 103-2007, SEC.27. Amended by P.L. 80-2010, SEC.39.