For amend and vote only, the Senate Judiciary Committee heard HB 1520 on child support, sponsored by Sen. Busch. The bill does the following:
- Provides that the duty to support a child ceases when the child becomes 19 years of age unless the child is a full-time student in a secondary school.
- Provides that in order for child support to continue for a child who is: (1) 19 years of age or older; and (2) a full-time student in a secondary school; a custodial parent of the child, noncustodial parent of the child, or guardian of the child must file notice advising the court that the child continues or will continue to be enrolled in secondary school.
- Specifies requirements for the content and filing of the notice.
- Provides that if a party to the child support proceeding does not file an objection or request for a hearing within thirty (30) days after the party receives the notice, the court shall, without holding a hearing, issue an order continuing child support through the date on which the child is expected to graduate, and provides that the court order may be made retroactive to the date on which the child became 19 years of age.
- Provides that failure to file the notice before the child becomes 19 years of age does not terminate the duty to support the child until the child’s graduation.
The bill was amended by consent to do the following:
- provide that senior prosecuting attorneys include persons employed for at least eight years as a part-time deputy prosecuting attorney.
- provide that senior prosecuting attorneys may prosecute criminal nonsupport cases.
- provide that notice regarding extension of child support must be filed not earlier than the date that the child becomes 17 and not later than the date the child becomes 19.
- remove a provision stating that the failure to file the notice before the child becomes 19 years of age does not terminate the duty to support the child until the child’s graduation.
The amended bill passed 9-0.
Read the bill at http://iga.in.gov/legislative/2019/bills/house/1520