Sec. 33.5. (a) If the Title IV-D agency finds that an obligor is delinquent and issues an order to the bureau of motor vehicles stating that the obligor is delinquent under section 32(b) or 33(d) of this chapter, the obligor may have the obligor’s driving privileges reinstated by making a single payment of either:

(1) if the obligor is required by court order to pay a child support obligation, the equivalent of eight (8) weeks of the child support order to the clerk of the court or the state central collection unit; or

Terms Used In Indiana Code 31-25-4-33.5

  • 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
  • delinquent: means at least:

    Indiana Code 31-25-4-2

  • 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.
  • obligor: means a person whose support obligation is enforced by the Title IV-D agency. See Indiana Code 31-25-4-4
(2) if the obligor is no longer required to pay a child support obligation but has a child support arrearage, the equivalent of eight (8) weeks of the most recent child support order or the full amount of the child support arrearage, whichever is less, to the clerk of the court or the state central collection unit.

     (b) If the court ordered support obligation cannot be determined for an obligor, the obligor shall contact the Title IV-D agency enforcing the child support order to reach an agreement for a payment amount that must be paid for the obligor to have the obligor’s driving privileges reinstated.

     (c) Once the obligor pays the required amount under subsection (a) or (b), the obligor shall provide proof of payment to the Title IV-D agency enforcing the child support order. Within seven (7) days of confirming the obligor’s payment, the Title IV-D agency shall issue an order to the bureau of motor vehicles to reinstate the obligor’s driving privileges.

     (d) If multiple orders have been issued by the Title IV-D agency to the bureau of motor vehicles to suspend the obligor’s driving privileges, the obligor must make a required payment under subsection (a) in each case where an order to suspend the obligor’s driving privileges is issued to have those suspensions of the obligor’s driving privileges lifted.

     (e) The Title IV-D agency shall monitor compliance with the court ordered child support obligation for a period of sixty (60) days after the obligor’s driving privileges are reinstated. After the period of sixty (60) days, if the obligor has failed to comply with the child support order and is again delinquent, as defined by section 2 of this chapter, the Title IV-D agency may again initiate the process to suspend the obligor’s driving privileges under section 32 of this chapter.

     (f) This section does not prevent the:

(1) Title IV-D agency from entering into and enforcing a child support payment agreement with the obligor, including suspension of the child support obligor’s driver’s license; or

(2) obligor from filing a petition for specialized driving privileges under IC 9-30-16.

As added by P.L.86-2021, SEC.21. Amended by P.L.9-2022, SEC.63.

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