Sec. 2.5. (a) If, in a Title IV-D case, an income withholding order has not been issued with a support order under section 0.5 of this chapter, a Title IV-D agency shall: (1) issue an income withholding order as required under IC 31-25-4-17 unless the court has stayed the implementation of the income withholding order under section 0.5(c) of this chapter; and (2) provide notice under section 3.5 of this chapter to the obligor. (b) In a Title IV-D case in which the implementation of an income withholding order was stayed under section 0.5(c) of this chapter, the Title IV-D agency shall: (1) provide notice under section 3.5 of this chapter and lift the stay by issuing an income withholding order if the obligor's child support and arrearage payments are delinquent; or (2) lift the stay by issuing an income withholding order if the obligor requests implementation of the income withholding order. (c) In a Title IV-D case, if: (1) an income withholding order was stayed under section 0.5(c) of this chapter; and (2) an obligor requests the implementation of the income withholding order; the Title IV-D agency is not required to give notice under section 3.5 of this chapter when implementing the income withholding order. (d) An income withholding order issued under subsection (a) or (b): (1) has the same force and effect; and (2) is enforceable in the same manner; as an income withholding order issued by a court. (e) The total amount required to be withheld under an income withholding order implemented under this section is the sum of: (1) the obligor's current child support obligation; plus (2) the amount of arrearage payment ordered by the court; plus (3) an additional amount as determined under subsection (f) for: (A) any arrearage that has not been adjudicated, if no arrearage has been adjudicated previously; or (B) any additional arrearage that: (i) has not been adjudicated; and (ii) accrues since the last adjudication of arrearage by the court. (f) If an obligor subject to an income withholding order is in arrears, unless otherwise ordered by a court, the Title IV-D agency or its agent may increase the weekly amount withheld as follows: (1) If the arrearages are at least ten dollars ($10) and less than five hundred dollars ($500), an additional amount of up to ten dollars ($10). (2) If the arrearages are at least five hundred dollars ($500) and less than three thousand dollars ($3,000), an additional amount of up to twenty dollars ($20). (3) If the arrearages are at least three thousand dollars ($3,000) and less than five thousand dollars ($5,000), an additional amount of up to twenty-five dollars ($25). (4) If the arrearages are at least five thousand dollars ($5,000) and less than ten thousand dollars ($10,000), an additional amount of up to thirty dollars ($30). (5) If the arrearages are at least ten thousand dollars ($10,000) and less than fifteen thousand dollars ($15,000), an additional amount of up to thirty-five dollars ($35). (6) If the arrearages are at least fifteen thousand dollars ($15,000) and less than twenty thousand dollars ($20,000), an additional amount of up to forty dollars ($40). (7) If the arrearages are at least twenty thousand dollars ($20,000) and less than twenty-five thousand dollars ($25,000), an additional amount of up to forty-five dollars ($45). (8) If the arrearages are at least twenty-five thousand dollars ($25,000), an additional amount of up to fifty dollars ($50). (g) A court is not bound by and is not required to consider the additional amounts described in subsection (f) when ordering, modifying, or enforcing periodic payments of child support.
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