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Indiana Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Child Support Calculation After Spouse remarries.

I live in Indiana. My ex wife was engaged 4 months after we were divorced. She has gotten remarried. They live in our old house. When child support was calculated it was based on her expenses at that house. Now he lives there with his daughter. Should the income and expenses be recalculated since... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Apr 16, 2018

Based on your question if there has been a substantial change in circumstances child support can be re-calculated. If that is found you can request her spouses income be imputed into the calculation but you must be able to prove that the other income is covering what are the needs of the child.

1 Answer | Asked in Adoption, Child Support and Family Law for Indiana on
Q: Can I legally get back child support for my daughter prior to her adoption by my husband?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 16, 2018

Assuming your attempts to collect back child support are within Indiana law, yes. Please be aware that there are statute of limitations for collecting back child support after a certain age, emancipation or adoption.

1 Answer | Asked in Child Support for Indiana on
Q: My daughter turn 19 this year..But will still be attending last year of high school. Do i still have to pay ?

She turns 19 but will be a senior still.do i still pay or once she turns 19 im done?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 30, 2018

You can terminate child support if, you are ordered to pay support for a child, and if the child:

is age 19;

has joined the United States armed services;

is married;

is not under the care or control of either parent or someone else approved by the court; or...
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1 Answer | Asked in Family Law and Child Support for Indiana on
Q: If ex is court ordered to carry medical insurance but refuses to because he says its to expensive

I had to pick up insurance do I have to give him a copy of my insurance card?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 28, 2018

If it is court ordered then yes, but you must look at the language of the agreement, because most agreements state unless otherwise unable to. Since you have picked up the insurance on the children you must provide your ex with a copy of those documents. IF you fail to do so it could result in your... View More

2 Answers | Asked in Child Support and Family Law for Indiana on
Q: I haven't seen my 10 year old daughter since infancy. I pay child support. Any way I can forfeit my parental rights?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 27, 2018

No. You cannot terminate your parental rights absent an action by the state against you or the child is adopted by another adult.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on
Q: Help with absent father who threatens court with me.

My daughters father has not paid child support, he goes months without contacting her, shes 2, and months without seeing her. He will text me a couple days before he wishes to see her and when i tell him that i have plans he gets upset and says that its my fault he doesn't have a relationship... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 26, 2018

When you get married and your significant other wants to adopt the child you must first terminate the biological parents rights first and then put the adoption through. The termination can be consented to or contested and if contested then a hearing will have to be conducted to see what is in the... View More

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: How often you can request a Motion to Modify on your child support? And what things do that take into consideration?
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 24, 2018

You an modify child support only when there is a significant change in circumstances. There is no set number of times just have to meet that standard of review. The things the court can take into consideration are overnights by the parties, change in income by either party or both, change in... View More

1 Answer | Asked in Child Support for Indiana on
Q: What happens if he does not pay the full child support? And is not seeing them regular ?
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 23, 2018

If the party does not pay the full amount of support per week then the arrears will build. If the other party is not seeing them regularly you can move to modify the visitation but it won't stop the visitation.

1 Answer | Asked in Child Support for Indiana on
Q: My ex and i have come to a mutual agreement on child support. We both provide what she needs equally. We have done this

For a year or 2. Just realized we need to let the courts know so that he doesnt show as owing $$. And get in trouble. How do i do this??

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 22, 2018

You need to file a motion with the court if there is an active or was an active case in this matter. You can also contact the local IV-D Prosecutor's Office and tell them the situation and see what they advise you to do.

1 Answer | Asked in Child Support for Indiana on
Q: In the state of Indiana, if the mother files child support and has no paid lawyer, who is her representation?

Do they have to have a Bar Number or can they be a case worker?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 20, 2018

The State of Indiana would represent her in a child support matter. The State of Indiana represents the child not mother because the support is for the child not for the mother. Mother can hire private counsel to assist her but the State would still be involved because of the child support action... View More

1 Answer | Asked in Child Support for Indiana on
Q: How long are wages garnished after child turns 18
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 19, 2018

Until the child turns 19 or they are emancipated prior to that. Child support will not automatically be done at 19 you still need to file for emancipation.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: I am filing a CS Mod, father is refusing to supply income info. for worksheet. Can I still file?

I have completed the paper work to file a support modification. Father refuses to assert his income on child support worksheet in an attempt for me to not file and receive more child support. Can I still file and judge mandates he provides the income information.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 19, 2018

Yes, once you file the motion the judge will order your ex to comply within thirty days or by local rule depending on the county, of the judge signing your motion.

2 Answers | Asked in Child Support for Indiana on
Q: I have my daughter every other week. Do I still have to pay child support to my ex girlfriend?
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 12, 2018

Yes, child support is to assist the custodial parent with the child's needs when they are with them and not with the non-custodial parent.

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1 Answer | Asked in Child Support for Indiana on
Q: My husband and I are separated and I filed support. How do I or can I withdrawal the support papers?

If we are working it out?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 10, 2018

You may be able to go to the child support office you filed in at and dismiss the action. If it does not work out you can re-file it.

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: I pay support, not behind. I have not seen my child in 17 months. Father refuses parenting time.

I have not seen my child in 17 months due to her father refusing every option I try. I pay support weekly and I'm not behind what so ever.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 9, 2018

You need to bring this up with the court that oversees your child custody arrangement. If there is an order in place for parenting time then the father needs to respect that. If he is not then you need to go back to court and have the judge force him to do so.

If there is no order in place...
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1 Answer | Asked in Child Support for Indiana on
Q: If a child support case exist in Indiana and at this point all children

If a child support order exist in Indiana and at this point all childrenre over 19 and one has been deceased over a year; is there an option to end the child support order if both parents agree?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 6, 2018

Based on what your question poses, yes, once the children are 19 or over they can be emancipated. You have to file documents with the court that has the original jurisdiction over the child support matter for each child. The parents can agree to it but it really does not have to be an agreed order... View More

1 Answer | Asked in Child Support for Indiana on
Q: If you question what your support is being spent on ( if indeed the kids) can you get monthly receipts- in IN?

have 2 boys and pay $600/mo and everytime I see them they're in hand me down, thrift shop looking clothes but mom and new daughter are always in Michael Kors and MatildaJane brand new things... I'm told they're just super expensive boys but only one child is involved in a sport (thru... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 5, 2018

Based on your question, NO, there is no statute or anything that states you can get receipts of where and when the child support you pay is spent. Furthermore, child support is used for just that and that includes food, shelter and expenses related to the children you pay support for. Therefore,... View More

1 Answer | Asked in Child Support for Indiana on
Q: What is the law in Indiana on taking child support out of paychecks,if I have two jobs and they already take from one

I have a one year old child also that lives with me and my girlfriend so I got a second job to make up for what was being deducted from my check already. So my question is since they take my payment out of one check are they allowed to take more from my other job. I can't pay bills if they do... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Feb 28, 2018

Based on what you are asking and stating I would say they can do two income withholding orders for both jobs if the amount coming out of your first paycheck is not covering the total amount due. This would have to be a separate form signed by the judge for each subsequent income withholding that... View More

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Will the father of my child be required to continue paying me child support if we get married?

And if we get married does that automatically give him legal rights such as joint legal custody?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Feb 27, 2018

The answer to your first question would be no. Child Support is to assist in the raising of the children. If he is the child or children's biological father and you marry him child support should terminate.

The answer to your second question based on what you are saying is he would...
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1 Answer | Asked in Family Law and Child Support for Indiana on
Q: What documents do I file to get my daughter's father to pay what he owes to date for college & medical? She is 20.

Since my daughter is over 19, this is no longer a child support issue, although the back medical is from a previous agreement. I'm not paying a lawyer to enforce a judgement that has already been made. This case is through Floyd County.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Feb 24, 2018

Based on what you are saying you can file a motion with the court to enforce the agreement. You can attempt to file a small claims against him. Additionally, if your daughter is in college and it was part of the agreement she may be able to sue. But i would say consult a lawyer in your area, this... View More

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