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31-16-14-1. Grounds for bringing action

IN Code § 31-16-14-1 (2019) (N/A)
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Sec. 1. (a) A dependent spouse may bring an action in a circuit or superior court to obtain support from the other spouse for the benefit of the dependent spouse and the dependent children in the custody of the dependent spouse if:

(1) the other spouse has deserted the dependent spouse or dependent children without cause and without sufficient support;

(2) the other spouse has:

(A) been convicted of a felony;

(B) been imprisoned; and

(C) left the dependent spouse or dependent children without sufficient support;

(3) the other spouse:

(A) becomes incapacitated; or

(B) neglects to provide support for the dependent spouse or dependent children;

because the other spouse is a habitual drunkard;

(4) the other spouse:

(A) joins a sect or denomination that requires a renunciation of the marriage or that forbids the spouses to cohabit as husband and wife; and

(B) renounces the marriage or refuses to live with the dependent spouse in a marital relationship; or

(5) the other spouse has been adjudged insane.

(b) A dependent spouse may join other persons as codefendants in an action brought under subsection (a) if the other persons:

(1) are indebted to either spouse; or

(2) have rights, credits, or choses in action that belong to either spouse and that are in the possession or control of the other persons.

[Pre-1997 Recodification Citation: 31-7-11-1.]

As added by P.L.1-1997, SEC.8.

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31-16-14-2. Commencement of action; contents of complaint