Indiana Code 33-32-4-5. State central collection unit and clerk not liable
(1) through error or in accordance with the best information available to the state central collection unit or the clerk, disbursed the funds to a person the state central collection unit or the clerk reasonably believed to be entitled to receive the funds and to comply with a:
Terms Used In Indiana Code 33-32-4-5
- clerk: means a clerk of the circuit court elected and qualified under Article 6, Sections 2 and 4 of the Constitution of the State of Indiana. See Indiana Code 33-32-1-1
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- successor statewide automated support enforcement system: means a statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services. See Indiana Code 33-32-4-2
(B) garnishment order;
(2) inappropriately disbursed or misapplied child support funds, arising without the knowledge or approval of the state central collection unit or the clerk, that resulted from:
(A) an action by an employee of, or a consultant to, the department of child services or the Title IV-D agency;
(B) an ISETS or the successor statewide automated support enforcement system technological error; or
(C) information generated by ISETS or the successor statewide automated support enforcement system;
(3) disbursed funds that the state central collection unit or the clerk reasonably believed were available for disbursement but that were not actually available for disbursement;
(4) disbursed child support funds paid to the central collection unit by a personal check that was later dishonored by a financial institution; and
(5) did not commit a criminal offense as a part of the disbursement.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006, SEC.366; P.L.148-2006, SEC.31; P.L.128-2012, SEC.179.