Sec. 4. The court shall hold a hearing on the complaint and make a determination. If the court finds that the allegations in the complaint are true, the court may do any of the following:

(1) Order the defendant spouse to pay an amount that is just, equitable, and in the best interests of the dependent spouse and dependent children.

Terms Used In Indiana Code 31-16-14-4

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Personal property: All property that is not real property.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) Order the defendant spouse’s real or personal property, or both, to be sold to the highest bidder on terms and upon notice as directed by the court.

(3) Order:

(A) the defendant spouse’s real property or a part of the defendant spouse’s real property to be leased; and

(B) the proceeds of the lease to be applied to the support of the dependent spouse and dependent children.

(4) Appoint a receiver of the defendant spouse’s estate, require the receiver to take an oath and obtain a bond, and order the receiver to:

(A) reduce the estate to possession;

(B) collect the defendant spouse’s rights, credits, and choses in action;

(C) manage, sell, mortgage, or lease the defendant spouse’s real property; and

(D) sell the defendant spouse’s personal property.

(5) Order other parties who are joined in the action under section 1(b) of this chapter to:

(A) pay indebtedness owed to the defendant spouse; or

(B) relinquish possession or control of the defendant spouse’s rights, credits, and choses in action or other property;

to provide support for the dependent spouse and dependent children.

[Pre-1997 Recodification Citation: 31-7-11-4.]

As added by P.L.1-1997, SEC.8.

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