CHAPTER 2. ACTIONS FOR CHILD SUPPORT
IC 31-16-2
Chapter 2. Actions for Child Support
IC 31-16-2-1
Applicability of Indiana Rules of Civil Procedure
Sec. 1. Proceedings under this chapter and IC 31-16-3.5 through
IC 31-16-12 must comply with the Indiana Rules of Civil Procedure.
As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.117.
IC 31-16-2-2
Cause of action established
Sec. 2. A cause of action for child support is established.
As added by P.L.1-1997, SEC.8.
IC 31-16-2-3
Caption; standing
Sec. 3. A proceeding for child support must be commenced by the
filing of a petition entitled, "In Re the support of __________". The
petition may be filed by any person entitled to receive child support
payments.
As added by P.L.1-1997, SEC.8.
IC 31-16-2-4
Verified petition; averments
Sec. 4. A petition for child support:
(1) must be verified; and
(2) must set forth the following:
(A) The relationship of the parties.
(B) The present residence of each party.
(C) The names and addresses of:
(i) each living child less than twenty-one (21) years of age;
and
(ii) each incapacitated child;
of the marriage.
(D) The relief sought.
As added by P.L.1-1997, SEC.8.
IC 31-16-2-5
Service of petition and summons
Sec. 5. Whenever a petition is filed, a copy of the petition,
including a copy of a summons, shall be served upon the person
alleged to be responsible for child support in the same manner as
service of summons in civil actions generally.
As added by P.L.1-1997, SEC.8.
IC 31-16-2-6
Residence
Sec. 6. In an action for child support under section 2 of this
chapter, one (1) of the parties must reside in the county at the time of
the filing of the action.
As added by P.L.1-1997, SEC.8.
IC 31-16-2-7
Responsive pleading or counter petition
Sec. 7. A responsive pleading or a counter petition may be filed
under this chapter or IC 31-16-3.5 through IC 31-16-12.
As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.118.
IC 31-16-2-8
Decree; findings; scope
Sec. 8. (a) The court shall enter a decree in an action under
section 2 of this chapter when the court finds:
(1) that there is a duty to support by the person alleged to have
the duty;
(2) that the duty to support has not been fulfilled; and
(3) that an order should be entered under IC 31-16-6-1.
(b) The decree may include orders as provided for in IC 31-16-3.5
through IC 31-16-12.
As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.119.