Thursday, February 26, 2009

Indiana HB1142 - Direct Child Support Payments

Representative F Dale Grubb introduced a bill this year that would provide for more accurate, timely and less costly payments of child support. The synopsis of the bill is as follows:

Child support payments. Provides that a court may permit child support payments to be made directly to the person entitled to receive payments if the court finds that the person entitled to receive payments and the payor agree that support payments should be made directly to the person entitled to receive payments. Prohibits the clerk of the circuit court or the state central collection unit from charging any fees for any services concerning child support. Makes a technical correction.

The significant portion of this bill is an amendment to I.C. 31-16-9-1 which is shown below.

(d) The court may permit child support payments to be madedirectly to the person entitled to receive child support payments if the court finds that the:

(1) person entitled to receive payments; and

(2) payor;

agree that support payments should be made directly to the personentitled to receive payments.

(e) If the court permits child support payments to be madedirectly to the person entitled to receive payments under subsection (d), neither the person paying the payments nor the person entitledto receive payments may be charged any fee by the clerk of the circuit court or the state central collection unit for any servicesconcerning child support.

(f) If the court permits child support payments to be madedirectly to the person entitled to receive child support payments under subsection (d), the:

(1) person entitled to receive payments; or

(2) payor;

may petition the court to order the payor to make child supportpayments through the clerk of the circuit court or the state centralcollection unit.


This amendment would allow for parents, by agreement, to have child support payments made directly between the parties. Considering the speed and accuracy by which the state central collection unit handles support payments this could be a big benefit. Members of our organization regularly refuse to pay the annual state child support administration fee. The bill would allow the parties to not pay that fee and instead the money could be used for their family instead of lining the pockets of government bureaucrats.

Expect intense opposition to this bill from the judges and prosecutors who receive incentive payments from the Social Security Administration. Without the state being involved in the collection of support payments the judges and prosecutors will not longer receive their incentive payments.

During a time when many people are losing their jobs and incomes are falling everyone needs a break from having to pay more money to the government.

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