Ind. Code ch. 31-18.5-2

in effect

Ind. Code § 31-18.5-2-1 Personal jurisdiction over nonresident

Sec. 1. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, an Indiana tribunal may exercise personal jurisdiction over a nonresident individual or the individual's guardian or custodian if: (1) the individual is personally served with a summons, notice, or subpoena within this state; (2) the individual submits to the jurisdiction of Indiana by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) the individual resided with the child in Indiana; (4) the individual resided in Indiana and provided prenatal expenses or support for the child; (5) the child resides in Indiana as a result of the acts or directives of the individual; (6) the individual engaged in sexual intercourse in Indiana and the child may have been conceived by that act of intercourse; (7) the individual asserted parentage of a child in the putative father registry administered in Indiana by the Indiana department of health; or (8) there is any other basis consistent with the constitutions of Indiana and the United States for the exercise of personal jurisdiction. (b) The bases of personal jurisdiction set forth in subsection (a) or in any other Indiana law may not be used to acquire personal jurisdiction for an Indiana tribunal to modify a child support order of another state unless the requirements of IC 31-18.5-6-11 are met, or, in the case of a foreign support order, unless the requirements of IC 31-18.5-6-15 are met. As added by P.L.206-2015, SEC.53. Amended by P.L.56-2023, SEC.263.

Ind. Code § 31-18.5-2-2 Duration of personal jurisdiction

Sec. 2. Personal jurisdiction acquired by an Indiana tribunal in a proceeding under this article or other Indiana law relating to a support order continues as long as an Indiana tribunal has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 5, 6, and 11 of this chapter. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-3 Initiating and responding tribunal

Sec. 3. Under this article, an Indiana tribunal may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-4 Simultaneous proceedings

Sec. 4. (a) An Indiana tribunal may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) the petition or comparable pleading in Indiana is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) if relevant, Indiana is the home state of the child. (b) An Indiana tribunal may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in Indiana for filing a responsive pleading challenging the exercise of jurisdiction by Indiana; (2) the contesting party timely challenges the exercise of jurisdiction in Indiana; and (3) if relevant, the other state or foreign country is the home state of the child. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-5 Continuing, exclusive jurisdiction to modify child support order

Sec. 5. (a) An Indiana tribunal that has issued a child support order consistent with Indiana law has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (1) at the time of the filing of a request for modification Indiana is the residence of: (A) the obligor; (B) the individual obligee; or (C) the child for whose benefit the support order is issued; or (2) even if Indiana is not the residence of: (A) the obligor; (B) the individual obligee; or (C) the child for whose benefit the support order is issued; the parties consent in a record or in open court that an Indiana tribunal may continue to exercise jurisdiction to modify its order. (b) An Indiana tribunal that has issued a child support order consistent with Indiana law may not exercise continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file consent in a record with the Indiana tribunal that a tribunal of another state that has jurisdiction over at least one (1) of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) its order is not the controlling order. (c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child support order of an Indiana tribunal, Indiana tribunals shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) An Indiana tribunal that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-6 Continuing jurisdiction to enforce child support order

Sec. 6. (a) An Indiana tribunal that has issued a child support order consistent with Indiana law may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act; or (2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) An Indiana tribunal having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-7 Determination of controlling child support order

Sec. 7. (a) If a proceeding is brought under this article and only one (1) tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought under this article, and two (2) or more child support orders have been issued by Indiana tribunals, another state, or a foreign country with regard to the same obligor and same child, an Indiana tribunal having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls. (2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this article: (A) an order issued by a tribunal in the current home state of the child controls; or (B) if an order has not been issued in the current home state of the child, the order most recently issued controls. (3) If none of the tribunals would have continuing, exclusive jurisdiction under this article, the Indiana tribunal shall issue a child support order, which controls. (c) If two (2) or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is the support enforcement agency, an Indiana tribunal having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification under IC 31-18.5-6, or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in section 5 or 6 of this chapter. (f) An Indiana tribunal that determines by order which is the controlling order under subsection (b)(1), (b)(2), or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order: (1) the basis upon which the tribunal made its determination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 9 of this chapter. (g) Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of the order in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made under this section must be recognized in proceedings under this article. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-8 Child support orders for two or more obligees

Sec. 8. In responding to registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state or a foreign country, an Indiana tribunal shall enforce those orders in the same manner as if the orders had been issued by an Indiana tribunal. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-9 Credit for payments

Sec. 9. An Indiana tribunal shall credit amounts collected for a particular period under any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by an Indiana tribunal or a tribunal of another state or a foreign country. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-10 Application to nonresident subject to personal jurisdiction

Sec. 10. An Indiana tribunal exercising personal jurisdiction over a nonresident in a proceeding under this article, under other Indiana law relating to a support order, or recognizing a foreign support order may: (1) receive evidence from outside Indiana under IC 31-18.5-3-16; (2) communicate with a tribunal outside Indiana under IC 31-18.5-3-17; and (3) obtain discovery through a tribunal outside Indiana under IC 31-18.5-3-18. In all other respects, IC 31-18.5-3 through IC 31-18.5-6 does not apply, and the tribunal shall apply the procedural and substantive law of Indiana. As added by P.L.206-2015, SEC.53.

Ind. Code § 31-18.5-2-11 Continuing, exclusive jurisdiction to modify spousal support order

Sec. 11. (a) An Indiana tribunal issuing a spousal support order consistent with Indiana law has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) An Indiana tribunal may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) An Indiana tribunal that has continuing, exclusive jurisdiction over a spousal support order may serve as: (1) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in Indiana; or (2) a responding tribunal to enforce or modify its own spousal support order. As added by P.L.206-2015, SEC.53.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026