Section 465IAC1-1-1. Definitions  


Latest version.
  •    The following definitions shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:

    (1) "Child support payment" means any monies received and processed for distribution of payment to a child support recipient through the statewide child support system.

    (2) "Child support services" means the legal activities necessary to establish or enforce a child support order, including:

    (A) parent location efforts;

    (B) enforcement of a prior support order secured in a divorce or paternity proceedings;

    (C) establishment and enforcement of a support order in a case where the parents are separated but not divorced;

    (D) establishment of paternity and securing a support order under IC 31-14-10 or IC 31-14-11;

    (E) modification of an existing support order in accordance with the Indiana child support rules and guidelines; and

    (F) other services that might be allowed or encouraged under the federal Title IV-D program.

    Child support services do not include involvement in child custody and/or visitation disputes or the establishment or enforcement of postsecondary education expenses.

    (3) "County child support office" means the local government officials operating under a cooperative agreement with the department pursuant to IC 31-25-4-13.1.

    (4) "Department" means the Indiana department of child services established under IC 31-25-1.

    (5) "Nonpublic assistance participant" in the child support program means a person who is not currently receiving assistance under Title IV-A, IV-E, or XIX of the federal Social Security Act. This includes:

    (A) a person who:

    (i) never received assistance under Title IV-A, IV-E, or XIX of the federal Social Security Act;

    (ii) has executed a written application for child support services; and

    (iii) paid any required application fee, if applicable; or

    (B) a person who:

    (i) formerly received assistance under Title IV-A, IV-E, or XIX of the federal Social Security Act;

    (ii) continues to receive child support services after the termination of the public assistance benefits; and

    (iii) is not required to execute a written application for child support services or pay a fee.

    (6) "Overpayment", for the purposes of collections in the child support program, means any child support payments collected and distributed to an individual exceeding the amount the individual is entitled to receive, or to an individual not entitled to receive the payment; payments not completed as a result of insufficient funds from the payment source; or fraudulent payments.

    (Department of Child Services; Title 2,Ch 7,Reg 2-700; filed Nov 2, 1977, 2:14 p.m.: Rules and Regs. 1978, p. 732; readopted filed Nov 14, 2001, 4:43 p.m.: 25 IR 1283; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed Nov 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFA; filed Oct 26, 2016, 1:50 p.m.: 20161123-IR-465160054FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 2-5-1) to the Department of Child Services (465 IAC 1-1-1) by P.L.234-2005, SECTION 195, effective July 1, 2005.