Ind. Code § 4-38-11-1 Withholding delinquent child support from winnings; notice; priority of order over other claims
Sec. 1. (a) The bureau (as defined in IC 4-33-2-3.7) shall provide information to a certificate holder or vendor concerning persons who are delinquent in child support.
(b) Prior to:
(1) a certificate holder disbursing a payout of six hundred dollars ($600) or more; or
(2) a vendor disbursing a payout that triggers the vendor's obligation to file Form W-2G or a substantially equivalent form with the United States Internal Revenue Service;
the certificate holder or vendor shall check to determine if the person claiming the payout is delinquent in child support.
(c) If the person claiming the payout described by subsection (b) is delinquent in child support, the certificate holder or vendor:
(1) may deduct and retain an administrative fee in the amount of the lesser of:
(A) three percent (3%) of the amount of delinquent child support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed from winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name, address, and Social Security number of the obligor and the child support case identifier, the date and amount of the payment, and the name and location of the licensed owner, operating agent, vendor, or trustee; and
(C) issue the obligor a receipt in a form prescribed by the bureau with the total amount withheld for delinquent child support and the administrative fee.
(d) The bureau shall notify the obligor at the address provided by the certificate holder or vendor that the bureau intends to offset the obligor's delinquent child support with the winnings.
(e) The bureau shall hold the amount withheld from the winnings of an obligor for ten (10) business days before applying the amount as payment to the obligor's delinquent child support.
(f) The delinquent child support required to be withheld under this section and an administrative fee described under subsection (c)(1) have priority over any secured or unsecured claim on winnings except claims for federal or state taxes that are required to be withheld under federal or state law.
As added by P.L.293-2019, SEC.43. Amended by P.L.78-2026, SEC.1.