Sec. 17.5. (a) If the bureau or the clerk of the circuit court determines that a recipient of a court ordered support obligation has received a payment that the recipient is not entitled to because the payment:

(1) was distributed to the incorrect recipient;

Terms Used In Indiana Code 31-25-4-17.5

  • bureau: refers to the child support bureau established by IC 31-25-3-1. See Indiana Code 31-25-4-1
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) was made due to fraudulent activity; or

(3) exceeded the amount actually due to the recipient based on an accounting error;

the bureau or the clerk of the circuit court may recoup the amount of the overpayment from the recipient.

     (b) Except as otherwise provided in subsection (a), this section does not apply to a voluntary overpayment.

As added by P.L.150-2018, SEC.18.