IC 31-18.5-6

Chapter 6. Registration, Enforcement, and Modification of

Support Order

IC 31-18.5-6-1

Registration of order for enforcement

Sec. 1. A support order or income withholding order issued in

another state or a foreign support order may be registered in Indiana

for enforcement.

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

IC 31-18.5-6-2

and enforcement;

(2) two (2) copies, including one (1) certified copy, of the order

to be registered, including any modification of the order;

(3) a sworn statement by the person requesting registration or

a certified statement by the custodian of the records showing

the amount of any arrearage;

(4) the name of the obligor and, if known:

(A) the obligor's address and Social Security number;

(B) the name and address of the obligor's income payor and

any other source of income of the obligor; and

shall cause the order to be filed as an order of a tribunal of another

state or a foreign support order, together with one (1) copy of the

documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must

be affirmatively sought under other Indiana law may be filed at the

same time as the request for registration or later. The pleading must

specify the grounds for the remedy sought.

(d) If two (2) or more orders are in effect, the person requesting

registration shall:

(1) furnish to the tribunal a copy of every support order asserted

(e) A request for a determination of which is the controlling order

may be filed separately or with a request for registration and

enforcement or for registration and modification. The person

requesting registration shall give notice of the request to each party

whose rights may be affected by the determination.

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

IC 31-18.5-6-3

Effect of registration for enforcement

Sec. 3. (a) A support order or income withholding order issued in

another state or a foreign support order is registered when the order

support order if the issuing tribunal had jurisdiction.

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

IC 31-18.5-6-4

Choice of law

Sec. 4. (a) Except as otherwise provided in subsection (d), the law

of the issuing state or foreign country governs:

(1) the nature, extent, amount, and duration of current payments

under a registered support order;

(2) the computation and payment of arrearages and accrual of

(c) A responding Indiana tribunal shall apply the procedures and

remedies of Indiana to enforce current support and collect arrears and

interest due on a support order of another state or a foreign country

registered in Indiana.

(d) After an Indiana tribunal or another state determines which is

the controlling order and issues an order consolidating arrears, if any,

an Indiana tribunal shall prospectively apply the law of the state or

foreign country issuing the controlling order, including its law on

interest on arrears, on current and future support, and on

consolidated arrears.

IC 31-18.5-6-5

Notice of registration of order

issued in another state or a foreign support order is registered, the

registering Indiana tribunal shall notify the nonregistering party. The

notice must be accompanied by a copy of the registered order and the

documents and relevant information accompanying the order.

(b) A notice must inform the nonregistering party:

(1) that a registered support order is enforceable as of the date

of registration in the same manner as an order issued by an

Indiana tribunal;

(2) that a hearing to contest the validity or enforcement of the

registered order must be requested within twenty (20) days after

(c) If the registering party asserts that two (2) or more orders are

in effect, a notice must also:

(1) identify the two (2) or more orders and the order alleged by

the registering party to be the controlling order and the

consolidated arrears, if any;

(2) notify the nonregistering party of the right to a

determination of which is the controlling order;

(3) state that the procedures provided in subsection (b) apply to

the determination of which is the controlling order; and

(4) state that failure to contest the validity or enforcement of the

IC 31-18.5-6-6

Procedure to contest the validity or enforcement of registered

support order

Sec. 6. (a) A nonregistering party seeking to contest the validity

or enforcement of a registered support order in Indiana shall request

a hearing within the time required by section 5 of this chapter. The

nonregistering party may seek to vacate the registration to assert any

defense to an allegation of noncompliance with the registered order,

or to contest the remedies being sought or the amount of any alleged

arrearages under section 7 of this chapter.

registering tribunal shall schedule the matter for hearing and give

notice to the parties of the date, time, and place of the hearing.

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

IC 31-18.5-6-7

Contest of registration or enforcement

Sec. 7. (a) A party contesting the validity or enforcement of a

registered support order or seeking to vacate the registration has the

burden of proving one (1) or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the

contesting party.

(7) The statute of limitation under section 4 of this chapter

precludes enforcement of some or all of the alleged arrearages.

(8) The alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial

defense under subsection (a), a tribunal may:

(1) stay enforcement of a registered support order;

(2) continue the proceeding to permit production of additional

order, the registering tribunal shall issue an order confirming the

order.

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

IC 31-18.5-6-8

Confirmed order

Sec. 8. Confirmation of a registered support order, whether by

operation of law or after notice and hearing, precludes further contest

of the order with respect to any matter that could have been asserted

at the time of registration.

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

IC 31-18.5-6-9

Procedure to register child support order of another state for

modification

Sec. 9. A party or support enforcement agency seeking to modify,

or to modify and enforce, a child support order issued in another

in sections 1 through 8 of this chapter if the order has not been

registered. A petition for modification may be filed at the same time

as a request for registration or later. The pleading must specify the

grounds for modification.

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

IC 31-18.5-6-10

Sec. 10. An Indiana tribunal may enforce a child support order of

another state registered for purposes of modification, in the same

manner as if the order had been issued by an Indiana tribunal, but the

Sec. 11. (a) If section 13 of this chapter does not apply, upon

petition, an Indiana tribunal may modify a child support order issued

in another state which is registered in Indiana if, after notice and

hearing, the tribunal finds that:

(1) the following requirements are met:

(A) neither the child, nor the obligee who is an individual,

nor the obligor resides in the issuing state;

(B) a petitioner who is a nonresident of this state seeks

modification; and

(C) the respondent is subject to the personal jurisdiction of

exclusive jurisdiction.

(b) Modification of a registered child support order is subject to

the same requirements, procedures, and defenses that apply to the

modification of an order issued by an Indiana tribunal and the order

may be enforced and satisfied in the same manner.

(c) An Indiana tribunal may not modify any aspect of a child

support order that may not be modified under the law of the issuing

state, including the duration of the obligation of support. If two (2)

or more tribunals have issued child support orders for the same

obligor and same child, the order that controls and must be so

fulfillment of the duty of support established by that order precludes

imposition of a further obligation of support by an Indiana tribunal.

(e) On the issuance of an order by an Indiana tribunal modifying

a child support order issued in another state, the Indiana tribunal

becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) and

IC 31-18.5-2-1(b), an Indiana tribunal retains jurisdiction to modify

an order issued by an Indiana tribunal if:

(1) one (1) party resides in another state; and

(2) the other party resides outside the United States.

tribunal:

(1) may enforce its order that was modified only as to arrears

and interest accruing before the modification;

(2) may provide appropriate relief for violations of its order

which occurred before the effective date of the modification;

and

(3) shall recognize the modifying order of the other state, upon

Jurisdiction to modify child support order of another state

(b) An Indiana tribunal exercising jurisdiction under this section

shall apply IC 31-18.5-1, IC 31-18.5-2, this chapter, and the

procedural and substantive Indiana law to the proceeding for

enforcement or modification. IC 31-18.5-1 through IC 31-18.5-5 and

IC 31-18.5-7 through IC 31-18.5-8 do not apply.

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

IC 31-18.5-6-14

Notice to issuing tribunal of modification

Sec. 14. Within thirty (30) days after issuance of a modified child

support order, the party obtaining the modification shall file a

certified copy of the order with the issuing tribunal that had

continuing, exclusive jurisdiction over the earlier order, and in each

tribunal in which the party knows the earlier order has been

copy is subject to appropriate sanctions by a tribunal in which the

issue of failure to file arises. The failure to file does not affect the

validity or enforceability of the modified order of the new tribunal

having continuing, exclusive jurisdiction.

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

IC 31-18.5-6-15

Sec. 15. (a) Except as otherwise provided in IC 31-18.5-7-11, if

a foreign country lacks or refuses to exercise jurisdiction to modify

its child support order pursuant to its laws, an Indiana tribunal may

(b) An order issued by an Indiana tribunal modifying a foreign

child support order pursuant to this section is the controlling order.

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

IC 31-18.5-6-16

Procedure to register child support order of foreign country for

order has not been registered. A petition for modification may be

filed at the same time as a request for registration, or at another time.

The petition must specify the grounds for modification.

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