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Indiana Child Support Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for Indiana on
Q: I have been separated from my husband for 4 years. Can I file for child support even though I'm still married to him?

I had a lawyer pro bono & we couldnt find my husband.

I found out that I had to pay 280 for an ad in the paper where we last knew he resided but I couldnt afford the fee.

I was told I couldnt file for child support until the divorce paperwork was in place.

Is this true?... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 12, 2020

Based on your question you can go to your local IV-D Prosecutor's Office and see if they will allow you to.

2 Answers | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Chances of 50/50 custody?

I want 50/50 legal and physical custody of my 13 month old daughter. My only child. Her mom has 3 subsequent children all by different men that dont pay support. Ive been in my daughters life since she was born despite her moms efforts to keep me out of her life. I hired a lawyer and took her to... Read more »

Troy Tyson
Troy Tyson answered on Feb 11, 2020

This is something you should definitely be discussing with your attorney, that's what you are paying them for. In general true 50/50 physical custody is fairly tough to get, particularly if the other party objects and considering the age of the child. There is nothing wrong with you trying, as long... Read more »

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1 Answer | Asked in Bankruptcy and Child Support for Indiana on
Q: If my husband files chapter 7 and he has a lien on his cars from child support, will they take the cars?
Timothy Denison
Timothy Denison answered on Feb 3, 2020

Likely no, bc the child support liens are senior. Consult an experienced attorney who can help you protect the property.

1 Answer | Asked in Bankruptcy and Child Support for Indiana on
Q: If my husband files chapter 7 will they take the vehicle that's paid off, but has a lien on the title from child support
Timothy Denison
Timothy Denison answered on Feb 3, 2020

No. The child support lien makes child support the senior lien.

1 Answer | Asked in Child Support for Indiana on
Q: Divorced 07/2019 with joint custody. living together since. Am i still obligated to pay child support of our 3 kids

Got divorced July 2019 and have lived together ever since with joint custody. Am i obligated to continue to pay child support while residing in the same house and taking care of my kids daily?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 2, 2020

Based on your question you need to advise the court and try to come to an agreement as to support with your ex-spouse

1 Answer | Asked in Child Support, Collections and Gov & Administrative Law for Indiana on
Q: Indiana- Will I get my sons fathers Tax Refund if he is behind 19k .

I filed for child support again and was approved His support started in December and comes right out of his check to me . Will IRS intercept refund or is it too early . The court sent a letter in late December stating he owed That amount otherwise I wouldn’t have known

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 30, 2020

Based on your question it is a possibility his tax refund could get intercepted.

1 Answer | Asked in Child Support for Indiana on
Q: Can a child support order amount be reduced? Family member has no income due to illness/no disability approved.

judge assigned an amount originally thought was monthly, Instead was weekly

have absolutely no income; existing at mercy of family members and friends

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

Based on your question yes you could request a child support modification.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: My kid's father hasnt paid support since it was ordered, I live in Indiana he lives in Texas how do I collect support?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

Based on your question you need to notify the court and you can attempt to collect via an income withholding order from the court.

1 Answer | Asked in Child Support for Indiana on
Q: Will I receive back child support if sons father filed taxes? He owes 19k

I re-filed for child support and started to receive payments at the end of December. He owes 19k per the letter from courts . The support has came straight from his check , so it has been paid weekly on time But if he files his taxes, will I get the back support owed ?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

Based on your question the state may do a tax intercept for his tax return and put it towards his arrears.

1 Answer | Asked in Child Support for Indiana on
Q: child support

A child resides with the custodial parent for 16 years but then at 16 the child was asked to move out and move in with the noncustodial parent but neither party goes thru the courts to have support changed or modified. Both parties agreed to allow the noncustodial parent to use the child support... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 28, 2020

What is the question

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: My son mother is on drugs. My child has moved in with me for about 3 months. How can i stop paying child suppourt

My sons mother is in drugs. I have called cps about it but ahe alwaya found away to get away with it. Now a year later she lost her house amd job. My son is living with me because of the living situation . i walked in her house to pick him up for a visit

She had no fridge . no food. No... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 24, 2020

Based on the information you provided in your questions you can file a motion with the court to change custody, parenting time and support.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Son is 18 in school and has joined the us national guards.

Son is 18 has joined the national guards. He has done his basic training over the summer and now goes once a month over the weekend and gets paid from them, do I still have to pay on him till he is 19....

Troy Tyson
Troy Tyson answered on Jan 18, 2020

You can petition the court and ask them to find that your child is emancipated (and therefore have your support obligation terminated). However, given the facts you've put forward, you may have an uphill battle on this one.

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Is it possible to waive child support with 50/50 custody

Or is it possible for the parent that has custody to waive child support

Troy Tyson
Troy Tyson answered on Jan 16, 2020

The parties may sometimes waive a child support obligation, if both parties are in agreement on that. However, it would need to be approved by the judge.

1 Answer | Asked in Tax Law and Child Support for Indiana on
Q: who can claim a child for taxes?

my ex has not seen our child in 4+ year and has not carried insurance on her for 2+ years..i also have not had an address or phone for him for 3+ years..can he still claim her on his taxes..he is currently current his child support

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2020

You're dealing with two separate sets of laws in two completely separate jurisdictions both state domestic law and federal tax law.

What does the parenting plan say? If there's a state order that he's in compliance with that allows him to take the child deductions then not doing so is...
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: Where can I find in the guidelines or law about child support for split custody?

We do not have joint custody. I have custody of the oldest, my ex has custody of the two younger. Where in the guidelines does it address split custody child support?

Troy Tyson
Troy Tyson answered on Dec 24, 2019

Your situation would be addressed directly by the Indiana Child Support Calculator, which takes into account any additional child support obligations of either party. Hope that helps.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Is there anything that can be done if the father of a child keeps calling child protective services making false accusa

Almost weekly he is doin this and every time it's substantiated. But DCS protocol is to investigate every report that comes through. So they said unfortunately they have to do their part each time

Troy Tyson
Troy Tyson answered on Dec 20, 2019

I think you meant that every time it's "unsubstantiated," meaning no basis was found for the charges. This is, unfortunately, something that happens from time to time. What DCS told you is generally correct, that they have a duty to investigate the charges that are lodged with them.

1 Answer | Asked in Child Support, Divorce and Family Law for Indiana on
Q: In the state of indiana do you have to fill out a financial worksheet for support even if you are doing joint custody?
Clarissa Finnell
Clarissa Finnell answered on Oct 3, 2019

If you are asking if you will be required to file a child support worksheet in cases where you share joint physical custody then the answer is most likely "yes". It is not necessarily the case that neither party pays support when they share equal time with their children. Indiana utilizes an... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: I would like to know if the noncustodial parent is to notify myself and the court he is stopping child support.

Our daughter just turned 19 on 7/24. I was not given any notice he would be stopping the support.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 5, 2019

Based on the information provided in your question he would have to file for emancipation with the court.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Is my ex required to provide his wife's income during a modification since that is a second income for his household.

He was not originally married when the support order started.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 2, 2019

Based on the information in your question no he is not.

1 Answer | Asked in Child Support for Indiana on
Q: I was recently told child support does NOT end at 19. Can someone please verify this?? Indiana

Info online says yes it does end at 19 but may be ordered to pay postsecondary school, which has already happened. Can one be forced to pay support and college expenses after age 19? I need a definite answer. I was told the law just changed a couple months ago (by an attorney) but cannot find... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information provided in your question it can terminate at 19 if the child is not in college then it is converted to secondary education expenses.

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