The House Judiciary Committee heard SB 179 pertaining to child support sponsored by Rep. Mayfield. The bill provides that:
- incarceration of a parent may not be considered voluntary unemployment in determining an amount to be ordered for support of a child,
- a court may modify the child support order, or approve a proposed modification, without holding a hearing if: (1) a petition to modify a child support order based on incarceration of a party is filed; and (2) after receiving notice, no party files an objection or request for a hearing within 30 days,
- requires the child support bureau (bureau), beginning July 1, 2019, to notify both parties of each party’sright to request a modification of the child support order not later than fifteen (15) days after learning that an obligor in a Title IV-D case is or may be incarcerated for a period of at least one hundred eighty (180) calendar days,
- requires a prosecuting attorney or private attorney entering into an agreement or a contract with the bureau to review all requests for modification of child support due to the incarceration of an obligor within an open Title IV-D case and, if appropriate, file a petition for modification of child support and proposed order in the appropriate court.
Testimony was presented in favor of the bill by the Child Support Bureau and the Prosecuting Attorneys Council. Rep. Young referenced Indiana’s Lambert case, 861 N.E.2d 1176 (Ind. 2007) about the bill. The committee adopted an amendment permitting a court to modify the support order if no request for hearing or objection is filed within 30 days. The amended bill passed 9-0.
Read the bill at http://iga.in.gov/legislative/2018/bills/senate/179.