Indiana divorce statutes IC 31-16-6 Chapter
6. Child Support Orders
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.
Indiana divorce statutes IC 31-16-9-1 Clerk or state central collection unit as trustee for remittance
Sec. 1. (a) This subsection applies before January 1, 2007. Upon entering an order for support in: (1) a dissolution of marriage decree under IC 31-15-2;
(2) a legal separation decree under IC 31-15-3; or
(3) a child support decree under IC 31-16-2; the court shall require that support payments be made through the clerk of the circuit court as trustee for remittance to the person entitled to receive payments, unless the court has reasonable grounds for providing or approving another method of payment.
(b) Beginning January 1, 2007, except as provided in subsection
(c), upon entering an order for support in:
(1) a dissolution of marriage decree under IC 31-15-2;
(2) a legal separation decree under IC 31-15-3; or
(3) a child support decree under IC 31-16-2; the court shall require that support payments be made through the clerk of the circuit court or the state central collection unit established by IC 31-33-1.5-8, as trustee for remittance to the person entitled to receive payments, unless the court has reasonable grounds for providing or approving another method of payment.
(c) Beginning January 1, 2007, child support payments that are paid in cash must be paid to a clerk of the circuit court,
and all non cash payments must be paid to the state central collection unit established within the child support bureau by
IC 31-25-3-1.
Indiana divorce statutes IC 31-16-15-0.5 Income withholding orders
Sec. 0.5. (a) Except as provided in subsection
(c), in any proceeding in which a court has ordered, modified, or enforced periodic
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payments of child support, the court shall include a provision ordering that child support payments be immediately withheld from the income of the obligor in an amount necessary to comply with the support order, including amounts for current child support obligations, child support arrearage, medical support, interest, and fees.
(b) Except as provided in subsection
(c), a court or Title IV-D agency shall implement an order for immediate income withholding under subsection (a):
(1) if the address of the obligor's income payor is known, not more than fifteen (15) calendar days after the date of the issuance of a support order; or
(2) if the address of the obligor's income payor is not known, not more than fifteen (15) calendar
days after the date the address of the obligor's income payor becomes known. (c) A court may stay implementation of an income
withholding order only if one (1) or more of the following occurs:
(1) One (1) of the parties demonstrates and the court finds good cause not to order immediate income withholding by finding all of the following: (A) A stay of implementation of the income withholding order is in the best interests of the child.
(B) The obligor has a history of substantially uninterrupted, full, and timely child support payments, other than payments made through an income withholding order or another mandatory process of previously ordered child support, during the previous twelve (12) months.
(C) The court issues a written finding that an income withholding order would cause an extraordinary hardship on the obligor.
(2) The parties submit a written agreement that: (A) meets the requirements under subsection (d); (B) is approved by the court; and
(C) is entered into the record of the court.
(d) A written agreement described in subsection (c)(2) must meet the following requirements:
(1) Contain the following:
(A) A statement that an income withholding order is not implemented immediately but that an income withholding order will be implemented if the:
(i) obligor's child support and arrearage payments become delinquent; or
(ii) obligor requests implementation of the income withholding order.
(B) A detailed description of an alternative payment arrangement between the parties to ensure the timely payment of child support.
(2) Contain a provision that the obligor shall provide current information to the court concerning the following:
(A) The name, address, and telephone number of the obligor's place of employment.
(B) Any health coverage available to the obligor as a benefit of employment or maintained by the obligor, including information on the:
(i) name of the carrier (as defined in IC 27-8-10-1);
(ii) health insurance policy, certificate, or contract number; and (iii) if applicable, names and birth dates of the persons for whose benefit the obligor maintains health coverage under the health insurance policy, certificate, or contract.
(e) If possible, the court shall specify the date on which a stay of implementation of the income withholding order terminates automatically.
(f) In Title IV-D cases in which periodic payments of child support are ordered, modified, or enforced, the court shall order the obligor to inform the Title IV-D agency of the:
(1) name and address of the obligor's current income payor;
(2) obligor's access to health insurance coverage; and
(3) if applicable, obligor's health insurance policy information.
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Indiana divorce statutes IC 31-15-7-4 Division of property.
Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:
(1) owned by either spouse before the marriage; (2) acquired by either spouse in his or her own right: (A) after the marriage; and
(B) before final separation of the parties; or
(3) acquired by their joint efforts.
(b) The court shall divide the property in a just and reasonable manner by:
(1) division of the property in kind;
(2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;
(3) ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.
Indiana divorce statutes IC 31-15-7-5 Presumption for equal division of marital property; rebuttal
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Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
(2) The extent to which the property was acquired by each spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
(5) The earnings or earning ability of the parties as related to:
(A) a final division of property; and
(B) a final determination of the property rights of the parties.
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Indiana divorce statutes IC 31-17-4 Chapter
4. Parenting Time Rights of Noncustodial Parent
IC 31-17-4-1 Parenting time rights; in chambers interview of child
Sec. 1. (a) A parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.
(b) The court may interview the child in chambers to assist the court in determining the child's perception of whether parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.
(c) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and (2) the interview may be made part of the record for
purposes of appeal.
Indiana divorce statutes IC 31-17-4-4 Permanent injunction against custodial parent
Sec. 4. A noncustodial parent who:
(1) has been granted parenting time rights with a
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child who lives with the custodial parent;
(2) regularly pays support ordered by a court for the child; and
(3) is barred by a custodial parent from exercising parenting time rights ordered for the noncustodial parent and the child; may file, in the court that has jurisdiction over the dissolution of marriage, an application for an injunction against the custodial parent under Rule 65 of the Indiana Rules of Trial Procedure.
Indiana divorce statutes IC 31-17-4-5 Temporary restraining order against custodial parent
Sec. 5. (a) If an application for an injunction has been filed under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal), the court may grant, without notice, upon affidavit of the noncustodial parent, a temporary restraining order restraining the custodial parent from further violation of the parenting time order.
(b) In the affidavit, the noncustodial parent must state under penalties for perjury that:
(1) the noncustodial parent has been granted parenting time rights with the child; and
(2) the noncustodial parent regularly pays the support ordered by a court for the child.
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Indiana divorce statutes IC 31-11-10
Chapter 10. Actions to Annul Voidable Marriages
Indiana divorce statutes IC 31-11-10-1 Action by party incapable of contracting marriage because of age or mental
incompetence
Sec. 1. (a) This section applies to a marriage that is voidable under IC 31-11-9-2 on the ground that a party to the marriage was incapable because of age or mental incompetency of contracting the marriage.
(b) The incapable party described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter.
Indiana divorce statutes IC 31-11-10-2 Action by victim of fraud; defense
Sec. 2. (a) This section applies to a marriage that is voidable under IC 31-11-9-3 on the ground that the marriage was brought about through fraud on the part of one
(1) of the parties to the marriage.
(b) The alleged victim of fraud described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter.
(c) It is a defense in an action brought under this section that, after the discovery of the alleged fraud,
the alleged victim continued to cohabit with the other party to the marriage.
Indiana divorce statutes IC 31-11-8 Chapter 8. Void Marriages
IC 31-11-8-1 Marriages void without legal proceedings Sec. 1. A marriage that is solemnized in Indiana and is void under section 2, 3, or 5 of this chapter is void without any legal proceedings.
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IC 31-11-8-2 Prior existing marriage Sec. 2. A marriage is void if either party to the marriage had a wife or husband
who was living when the marriage was solemnized.
IC 31-11-8-3 Marriage to close relative; marriages between cousins; exceptions Sec. 3. A marriage is void if the parties to the marriage are more closely related than second cousins. However, a marriage is not void if:
(1) the marriage was solemnized after September 1, 1977;
(2) the parties to the marriage are first cousins; and (3) both of the parties were at least sixty-five
(65) years of age when the marriage was solemnized.
IC 31-11-8-4 Mentally incompetent persons Sec. 4. A marriage is void if either party to the marriage was mentally incompetent when the marriage was solemnized.
IC 31-11-8-5 Common law marriages entered into after January 1, 1958 Sec. 5. A marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958.
IC 31-11-8-6 Foreign marriage solemnized between Indiana residents to evade Indiana law Sec. 6. A marriage is void if the parties to the marriage:
(1) are residents of Indiana;
(2) had their marriage solemnized in another state with the intent to:
(A) evade IC 31-11-4-4 or IC 31-11-4-11 (or IC 31-7-3-3 or IC 31-7-3-10 before their repeal); and
(B)subsequently return to Indiana and reside in Indiana; and (3) without having established residence in another state in good faith, return to Indiana and reside in Indiana after the marriage is solemnized. |
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Indiana divorce statutes IC 31-15-2
Chapter 2. Actions for Dissolution of Marriage. Grounds
IC 31-15-2-3 Grounds for decree Sec. 3. Dissolution of marriage shall be decreed upon a finding by a
court of one (1) of the following grounds and no other ground:
(1) Irretrievable
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breakdown of the marriage.
(2) The conviction of either of the parties, subsequent to the marriage, of a felony.
(3) Impotence, existing at the time of the marriage.
(4) Incurable insanity of either party for a period of at least two (2) years.
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Indiana divorce statutes IC 31-15-9.4
Chapter 9.4. Mediation
IC 31-15-9.4-1 Factors in determination Sec. 1. Whenever the court issues an order under this article, other than an ex parte order, the court shall determine whether the proceeding should be
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referred to mediation. In making this determination, the court shall consider:
(1) the ability of the parties to pay for the mediation services; and
(2) whether mediation is appropriate in helping the parties resolve their disputes.
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Indiana divorce statutes IC 31-15-3-6 Residency
Sec. 6. (a) At the time of the filing of a petition for legal separation under section 4 of this chapter, at least one
(1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation within Indiana; for six (6) months immediately
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preceding the filing of each petition.
(b) At the time of the filing of a petition for legal separation under section 4 of this chapter, at least one (1) of the parties must have been:
(1) a resident of the county; or
(2) stationed at a United States military installation within the county; where the petition is filed for three (3) months immediately preceding the filing of the petition.
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Indiana divorce statutes IC 31-17-5 Chapter
5. Grandparent's Visitation.
IC 31-17-5-1 Right to seek visitation. Sec. 1. (a) A child's grandparent may seek visitation rights if: (1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation
to the child.
Indiana divorce statutes IC 31-17-5-2 Best interest of the child; in chambers interview of the child |
Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent is in the best interests of the child.
(d) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and (2) the interview may be made part of the record for purposes of appeal.
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The Indiana divorce laws that appear here
may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or an Indiana divorce attorney. Some
redacting has occurred.
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