31-16-17-3. Averments of Complaint
Sec. 3. The complaint must allege definite specific facts to establish: (1) the duty to support; and (2) the violation of the duty to support. [Pre-1997 Recodification Citation: 31-2-9-2(a) part.] As added by P.L.1-1997, SEC.8.
31-16-17-4. Standing; Costs
Sec. 4. (a) Any of the following may prosecute a civil action for support of a parent: (1) The parent. (2) The township trustee. (3) The department. (4) The director of the division of family resources. (5) The prosecuting attorney. (b) Costs may not be taxed against: (1) the prosecuting attorney; (2) the department; (3) […]
31-16-17-5. Attorney’s Fees
Sec. 5. In an action brought under this chapter in which: (1) the parent is the plaintiff; and (2) judgment is entered for the plaintiff; the plaintiff is also entitled to recover reasonable attorney’s fees, which the court trying the action shall enter as a part of the judgment. [Pre-1997 Recodification Citation: 31-2-9-2(b).] As added […]
31-16-17-6. Pleading; Service of Notice on Defendant
Sec. 6. Notice shall be served upon a defendant and issues shall be made upon the verified complaint as in other civil actions. [Pre-1997 Recodification Citation: 31-2-9-3 part.] As added by P.L.1-1997, SEC.8.
31-16-17-7. Additional Parties Defendant; Admissibility of Evidence
Sec. 7. (a) The court on the court’s own motion may order other children made additional parties defendant. (b) In the trial of the action, evidence may be admitted concerning support and care furnished to or by children other than the defendants. [Pre-1997 Recodification Citation: 31-2-9-3 part.] As added by P.L.1-1997, SEC.8.
31-16-17-8. Appeal and Review
Sec. 8. (a) If: (1) the finding of the court; or (2) the verdict of the jury; is for or against the defendant, each party aggrieved by the finding or verdict may file a motion for a new trial and other proceedings that are proper in other civil actions. (b) Appeals may be taken as […]
31-16-17-9. Jury Verdict
Sec. 9. If the trial is by jury, the verdict of the jury must state only that the jury finds in favor of each party that should recover. [Pre-1997 Recodification Citation: 31-2-9-5 part.] As added by P.L.1-1997, SEC.8.
31-16-17-10. Judgment and Order
Sec. 10. If the verdict or finding of the court is against a defendant, the court shall: (1) enter judgment against the defendant or defendants; and (2) order that adequate provision be made for the support of the parent or parents, taking into consideration: (A) the needs of the parent or parents; (B) the ability […]
31-16-17-11. Continuing Order; Modification; Execution
Sec. 11. (a) An order of the court under section 10 of this chapter is a continuing order. The court has jurisdiction to modify the order with respect to: (1) the order’s continuation; (2) the amount of support; and (3) the method of payment at any time during the need of the parent or during […]
31-16-17-12. Contempt
Sec. 12. If a defendant is in default for failure to comply with the order and judgment of the court, the same process may be used for contempt of court as in divorce proceedings. [Pre-1997 Recodification Citation: 31-2-9-5 part.] As added by P.L.1-1997, SEC.8.