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Indiana Child Support Questions & Answers
1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Claiming kids on taxes.

When child support was established, we also signed an agreement with the prosecutor saying that we take turns every year claiming the kids on taxes as long as I am a certain percentage caught up on my child support, and if I’m not, then I’m not able to claim them that year. So earlier in the... View More

James L. Arrasmith
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answered on Feb 25, 2024

Based on the agreement you signed with the prosecutor, you still need to meet the requirement of being caught up a certain percentage on child support in order to claim the children on taxes, even though your ex has temporarily stopped the formal child support order.

The key factors here...
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1 Answer | Asked in Child Support, Family Law, Constitutional Law and Federal Crimes for Indiana on
Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?

I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids... View More

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My ex and I have a temp order that ends in Aug. He begged me and begged for a year to let him move back to Texas

With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?

James A Hanson
James A Hanson
answered on Jul 9, 2022

There is much confusion about what "custody" actually means.

If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....
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1 Answer | Asked in Child Support for Indiana on
Q: If I inherit property from my father can child support put a lien on the property for back child support that is owed

The child is an adult now.There is no child support order just the old support that is owed

James A Hanson
James A Hanson
answered on Jun 20, 2022

The answer depends on information not provided in your question. Those details are best discussed directly with an attorney, in any event.

If the back support has been reduced to a judgment against you, then your ex can use normal debt collection processes to collect the back support. If...
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1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can the state still collect child support although the father has been paying me monthly and ive reported it?

I moved to indiana from cali. When i lived in cali, i had to apply for help as i had a min paying job and the father became the daycare as daycare was outrageously expensive. He did side jobs and gave me money. I reported this as well. We eventually worked out our differences and moved to indiana... View More

James A Hanson
James A Hanson
answered on Jun 10, 2022

Indiana does not allow retroactive changes to child support. However, you can explain to a court that payments were made to satisfy child support to eliminate arrearages.

You should probably get the child support re-calculated now that your financial and expense situations are different...
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1 Answer | Asked in Child Support for Indiana on
Q: Emancipation, Does child support terminate after the child graduates from college? Ex wife still wants money.

Porter county Indiana

James A Hanson
James A Hanson
answered on Jun 1, 2022

Standard child support ends when the child achieves the age of 19. Child support during the college years generally requires an additional order from the Court specifying how much each parent is to contribute to the cost of education.

You should review your child support order to see...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Does suspended parenting time mean NO CONTACT?

My parenting time has been suspended pending a hair follicle test being submitted to the court and my ex-husband in Indiana.. does that mean NO CONTACT? He won't let me speak to them by phone and has even changed my son's play station account password and email so I can't send vbucks.

James A Hanson
James A Hanson
answered on May 22, 2022

It is impossible to answer your question specifically with the information provided. Also, it would not be appropriate to provide more detail in this venue.

I would presume from what you have shared that the Court simply suspended in-person parenting time. You should read the actual order...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Order dismissing Upon motion of the petitioner, this action is dismissed without prejudice and stricken from the docket
Troy Tyson
Troy Tyson
answered on Sep 14, 2021

It is unclear what exactly you are asking, but just as a general answer, if a filing or an action was "dismissed without prejudice and stricken," that means that the court has terminated it and will take no further action on it, but the "without prejudice" part means that the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: I was served with court papers from my ex boyfriend for paternity/custody. I’m not pregnant what do I do?
Troy Tyson
Troy Tyson
answered on Sep 2, 2021

You may consider filing a counterclaim or challenging his paternity in court. However, your question does not provide many specifics so it is difficult to say. You might seriously consider sitting down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Unmarried couple with 2 kids. House and vehicles only in my name. Can she take one vehicle and I'll pay for it?

If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?

Troy Tyson
Troy Tyson
answered on Jun 4, 2021

Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... View More

Troy Tyson
Troy Tyson
answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Can my x have his gf around my daugher

They will not tell me her name. And my x went against my wishes when I asked him to not have his gf around our toddler till I met her and was comfortable with it

Troy Tyson
Troy Tyson
answered on Feb 10, 2021

That will largely depend on the girlfriend's background, and also whether you have a formal custody order in place (and what it says). You should speak with a family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Child support was never taken out of my pay. My ex will confirm it has been paid. How do I prove that to the court?

My children are now both over 19 years old. Per Indiana law they are emancipated from child support. It was never set up to take child support out of my paycheck / wages. However I made all payments and my ex-wife will confirm that I have. What document(s) do I need to provide for the court as... View More

Troy Tyson
Troy Tyson
answered on Jan 27, 2021

How did you pay her? If you paid with anything other than cash (e.g. checks, money orders, electronic payments) then the best thing to do is simply produce that documentation (cleared checks, money order receipts, etc.). If you paid by cash, then any receipts you received from the mother will help.... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Indiana on
Q: Do I have to pay child support if child has been removed from the home by dcs for the reason the mom kicked them out?

Mother is having felony neglect charges

Troy Tyson
Troy Tyson
answered on Jan 25, 2021

That depends. It is possible, but usually that decision will be made by the court that is handling the DCS case.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: What Court Form do I use to petition Indiana court to terminate arrearages on two adult children if both parties agree?
Troy Tyson
Troy Tyson
answered on Jan 11, 2021

You should contact your local court clerk, they may have templates you can use. You should also consider consulting with a family law attorney, who can possibly help you draft the document you need.

1 Answer | Asked in Child Support for Indiana on
Q: Can I get back child support for the 16 months we were seperated before child support was court ordered?

My husband and I have been seperated since August 2018. I finally got child support ordered in Dec 2019. He did not help with the kids and has no contact with them. Can I get support for the 16 months prior to when we had our hearing in Dec 2019. Due to Covid our divorce hearing has been moved... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 5, 2021

The short answer is generally yes. But if you have an attorney you should be consulting directly with him.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Is it possible to end *back* child support payments if both parties agree?

I was married in Indiana in 1993, had a child in 1994, and divorced in 1996. My ex wife had sole custody until he turned 19. There was no child support order in place (that I know of) for this whole time, but once she became disabled and was forced to stay for quite some time in a nursing facility,... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 17, 2020

It is possible for the party receiving support payments to waive child support arrears. However, if the state provided cash benefits to the mother at any point during the child’s minority a waiver of child support by the mother will only be granted up to the amount owed less what the state is... View More

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can a judge ask for a step parents income in child support modification?

My husband filed modif. Of child support due to work loss and disability. The hearing was today where his ex wife's attorney wanted to know my income and how many hours I work a week. The judge made my husband answer. I feel violated as it's my personal right to my own information and i... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 11, 2020

Generally the answer is “it depends”. The judge can allow the question, but he or she should not make a finding or ruling on your ability to pay child support that includes consideration of a step parents income. There are caveats to that. For example, if the income is derived from your work... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Q: Should I hire a lawyer for my divorce?
Paul Ylvisaker
Paul Ylvisaker
answered on Dec 9, 2020

Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.

If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: What should I do if the other party isn’t paying child support that is ordered? She is almost $900 behind.

Will she lose her license? She is refusing me to talk to my children when she has them.

Troy Tyson
Troy Tyson
answered on Dec 8, 2020

You can bring an action for contempt in the court that has jurisdiction of the case. The court will hold a hearing, at which point you would present your evidence, and ask the judge to hold the mother in contempt and force her to pay the money owed. I would recommend that you speak with an... View More

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