Ind. Code ch. 34-28-9.2

in effect

Ind. Code § 34-28-9.2-1 Petitions to approve prize payments

Sec. 1. (a) As set forth in IC 4-30-11-2.5, a person who has won a prize from the state lottery commission created under IC 4-30-3 may file a verified petition with the Marion circuit court to approve the assignment of a prize payment or payments. (b) A verified petition filed under this section must include: (1) statements that the person understands: (A) the assignment of the prize payment or payments is voluntary; and (B) their right to solicit multiple bids for their prize payments; (2) a statement explaining to whom the prize payment or payments would be assigned; (3) a statement that the person is of sound mind, is in full command of the person's faculties, and is not acting under duress; (4) a statement detailing that the person has had the opportunity to receive or has received legal, financial, and tax advice from a person or entity other than the person or entity that would be assigned the prize payment or payments; (5) a statement that the person understands that the person will not receive the future payment or payments of the prize after a prize payment or prize payments are assigned; (6) a statement that the person understands that, with regard to the assigned payments of the prize, the state lottery commission and its employees are not liable to make any future payments to the person that are subject to an assignment made under IC 4-30-11-2.5; (7) a statement that the person understands that the person may cancel the contract assigning the person's prize payment or payments within three (3) business days after the date the contract assigning the prize payment or payments is signed; (8) details of the proposed assignment, including: (A) the amount of the prize payments assigned; (B) the dates the prize payments are assigned; (C) the purchase price of the prize payments assigned; (D) the rate of discount to present value, assuming daily compounding and funding on the contract date; and (E) the amount, if any, of any origination or closing fees charged to the person; (9) a statement detailing whether the person: (A) owes child support; (B) owes money as part of a judgment or garnishment; (C) has not satisfied an order for criminal restitution; or (D) owes any debt to an Indiana state agency that has provided written notice to the person regarding the debt; (10) a sworn affirmation that the contents of the petition are true; and (11) a statement that the person has had an adequate opportunity to receive multiple bids to assign their prize payment or payments. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-2 Petitioners with child support obligations

Sec. 2. If a petition filed under section 1 of this chapter indicates that the petitioner has one (1) or more current child support obligations and the Title IV-D agency has entered an appearance: (1) the court shall consider ordering the petitioner to secure a bond under IC 31-16-3.5 for the purpose of insuring the future payment of child support obligations; and (2) if the purchase price of the payments assigned under section (1)(b)(8) is insufficient to secure a child support bond, then the court shall consider denying the petition. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-3 Court orders approving prize payment assignments

Sec. 3. If a court finds that a prize payment or payments from the state lottery commission may be assigned based on a petition filed under section 1 of this chapter and IC 4-30-11-2.5, the court shall issue an order approving the prize payment assignment. The order must include a statement that the petitioner: (1) has filed a verified petition under section 1 of this chapter; (2) understands: (A) the assignment of the prize payment or payments is voluntary; (B) to whom the prize payment or payments will be assigned; (C) the person will not receive future payments that are subject to an assignment made under IC 4-30-11-2.5; (D) the state lottery commission and its employees are not liable to make any prize payments to the person that are assigned to another individual or entity under IC 4-30-11-2.5; and (E) that the person may cancel the contract assigning the person's prize payment or payments within three (3) business days after the date the contract assigning the prize payment or payments is signed; (3) is of sound mind, is in full command of the person's faculties, and is not acting under duress; (4) has received or has had the opportunity to receive legal, financial, and tax advice from a person or entity other than the person or entity that would be assigned the prize payment or payments; (5) has no debts to state agencies or has satisfied all past debts to state agencies; and (6) has received, prior to signing the contract assigning the prize payment or payments, a written disclosure statement, on a separate piece of paper, in bold type with a font at least fourteen (14) points, stating the details of the proposed assignment, including: (A) the amount of the prize payment or payments assigned; (B) the dates of the prize payment or payments assigned; (C) the purchase price of the prize payment or payments assigned; (D) the rate of discount to present value, assuming daily compounding and funding on the contract date; and (E) the amount, if any, of any origination or closing fees charged to the person. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-4 Service of petitions

Sec. 4. A person filing a petition under this chapter shall serve a copy of the petition on the state lottery commission's director and the child support bureau established by IC 31-25-3-1. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-5 Notification of hearings

Sec. 5. If a court schedules a hearing on a petition filed under this chapter, the court shall notify the state lottery commission's director, the child support bureau established by IC 31-25-3-1, and the petitioner at least twenty (20) days before the hearing date. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-6 Response to petitions

Sec. 6. (a) The state lottery commission and the child support bureau established by IC 31-25-3-1 are not required to respond to a petition filed under this chapter. (b) The state lottery commission and the child support bureau established by IC 31-25-3-1 may file a response to a petition filed under this chapter and may participate in any hearings, if any, on petitions filed under this chapter. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-7 Copies of court orders approving a prize payment assignment

Sec. 7. If a court approves a prize payment assignment under this chapter, the court shall provide a copy of the order to the state lottery commission within twenty (20) days of the order being entered and at least thirty (30) days before the first assigned payment is to be made to the assignee. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-8 Required information for prize payments

Sec. 8. The person to whom a prize payment or payments from the state lottery commission is assigned must provide the information that the state lottery commission determines is necessary to make the assignment of the prize payment or payments, including the person's correct name, the person's appropriate address, and the necessary tax identification numbers and information. As added by P.L.198-2014, SEC.6.

Ind. Code § 34-28-9.2-9 Declarations that the voluntary assignment of a prize affects federal income tax

Sec. 9. (a) If the Internal Revenue Service or a court issues a determination letter, revenue ruling, other public ruling of the Internal Revenue Service, or a published decision to the commission or any lottery winner, declaring that the voluntary assignment of prizes will affect the federal income tax treatment of a prize winner who does not assign the winner's prize payment or payments, the state lottery commission shall file a copy of the letter, ruling, or decision with the attorney general's office and the office of judicial administration. A court may not issue an order authorizing a voluntary assignment of a prize after the date the ruling, letter, or published decision is filed. (b) If a determination letter, revenue ruling, other public ruling, or published decision is issued under subsection (a), the Internal Revenue Service or the court that issued the document shall send a certified copy of the document to the director of the commission. As added by P.L.198-2014, SEC.6. Amended by P.L.161-2018, SEC.113.

Ind. Code § 34-28-9.2-10 Declarations that the voluntary assignment of a prize affects state income tax

Sec. 10. If the department of state revenue issues a determination, ruling, or finding to the commission or any lottery winner declaring that the voluntary assignment of a prize will reduce the state income tax due on the prize, the department of state revenue shall file the determination, ruling, or finding with the lottery commission, the attorney general's office, and the office of judicial administration. A court may not issue an order authorizing a voluntary assignment of a prize after the date the determination, ruling, or finding is filed. As added by P.L.198-2014, SEC.6. Amended by P.L.161-2018, SEC.114.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026