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Indiana Child Support Questions & Answers
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

1 Answer | Asked in Child Support for Indiana on
Q: I live in GA. I have a court ordered child support payments from the State of IN for arrearage.

There is a Statute of Limitations of 10 years after the child turns 19...she turned 19 in 2007....GA has been enforcing the support order even after the statute of limitations has run out. What do I do? Am I still required to pay? If not, can I recoup what I paid after the statute of limitations... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 4, 2020

If the order was from Indiana, that state’s law controls. If the case originated under Title IV-D (Social Security statute), which it sounds like it might, there is no statute of limitations if what you owe are arrears for non-payment while the child was a minor. Yes, you are required to pay... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson
answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... View More

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Father was ordered to pay child support in 2016 and has never paid anything. Why isn’t the state keeping track of this?
Troy Tyson
Troy Tyson
answered on Oct 29, 2020

They may be. If there was a court order in place, and child support was properly set up, then the state should be keeping track. However, you may need to contact them or initiate a court filing in order to hold the father responsible.

1 Answer | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Indiana on
Q: Hi I have an initial hearing scheduled for this wed 10/21 and have no representation for the hearing.

This is to set initial custody child support etc.

Troy Tyson
Troy Tyson
answered on Oct 20, 2020

You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Indiana on
Q: Petition to establish custody and parenting time as to minor child born out of wedlock

Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... View More

Troy Tyson
Troy Tyson
answered on Jul 14, 2020

It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.

1 Answer | Asked in Child Support for Indiana on
Q: Does requirement to pay child support automatically end at age 19 (Indiana) or does a court motion have to be filed?

Does non-custodial parent have to file some kind of motion with a court (Indiana) to make sure that they no longer have to make CS payments? Child finished secondary school, is not going to college and is not handicapped.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jul 13, 2020

Motion has to be filed requesting it.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: How do you present text message evidence so it's admissible in court?

Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... View More

Troy Tyson
Troy Tyson
answered on Jun 29, 2020

If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.

1 Answer | Asked in Child Support for Indiana on
Q: Where could I find a child support order / modification? Would it be public knowledge if modification in Indiana mycase?

Mother and father never married, ex-girlfriend taking father back to court for more money because she wants to go back to school, but want babY daddy to pay more money. Father has four children, total. The newest being born 4/29/2020

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jun 25, 2020

Based on the information provided in your question if the child support was ordered in a divorce proceeding it may be public, if the order was in a paternity matter then it would not be public, but the person paying the support can go to the local county clerk's office or child support clerk... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My (current) husband and I are in the process of building a house, the mortgage loan is in his name...

However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... View More

Troy Tyson
Troy Tyson
answered on Jun 19, 2020

The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you... View More

1 Answer | Asked in Child Support for Indiana on
Q: Child support in Indiana at what age for the garnishment to stop.
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jun 18, 2020

19 and that is if there is no arrears and you request it

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Indiana on
Q: What is it called when a parent lies to the other parent about the child being in an emergency room? And what can i do ?
Troy Tyson
Troy Tyson
answered on Jun 18, 2020

Assuming you share custody with the other parent, you have a right to know about medical emergencies pertaining to your child. If the party is regularly withholding information from you, you can consider filing an action for contempt against them.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jun 9, 2020

Based on the information provided in your question you can but you face contempt or interference with custody charges.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: I live in Florida and my ex-wife lives in Indiana . She has had custody of my son and I have been paying child support.

My son is 18 and my Florida ordered support has stopped. My ex-wife has filed for Adult Gardianship of my son. If I don’t contest this, how does it effect me?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jun 5, 2020

Based on the information provided in your question he is an adult and you can not consent and object to it happening but it is a matter for the court to decide.

2 Answers | Asked in Divorce and Child Support for Indiana on
Q: I'm completely unfamiliar with divorce proceedings/steps. We have one minor child and fairly substantial assets

(home, recreational property, 401Ks, etc.). Minor child just turned 17 years old. I need to start the divorce process. How should I proceed/what do I do? Covid 19 protocol for face to face meetings with a lawyer? I never thought it would come to this.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on May 18, 2020

Based on the information provided in your question it would depend on the lawyer if they are doing face to face meetings or not. Additionally, no one ever is prepared or ready for this in their life, so finding a lawyer in your area that fits your needs is important.

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1 Answer | Asked in Family Law and Child Support for Indiana on
Q: My ex quit his job after he had an income withholding order. Do the courts keep track of how far behind he is?

He was current until the end of December, then he changed jobs. He completely stopped paying and has only had one visitation since Thanksgiving. He’s over $3,300 behind.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on May 13, 2020

Based on the information provided in your question, yes the State of Indiana does track and calculate the amount a non-custodial parent pays or does not pay in support.

1 Answer | Asked in Child Support for Indiana on
Q: I have joint physical custody and have paid support for 15 years due to my income. Now self employed, need modification

I Am making less than I did and have been self employed for the last two years. I also have three other children in my home and one has a disability diagnosis. He’s homeschooled and self employment allows me to be home with him. Does this make a difference? Is it worth it? The child I pay... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on May 8, 2020

Based on the information provided in your question yes you are entitled to a modification and should explore that option based on your current circumstances.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: My child support was stoped cuz im disabled my kids are 18and21 and I have been on ssi. For 3years now I live in Indiana

Will they be taken my stimulus check

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on May 8, 2020

Based on the information provided in your question if you owe back support your stimulus check can be taken for that reason by the state.

1 Answer | Asked in Child Support for Indiana on
Q: I am on disablitiy and owe 89000 in child support arrears currently 209 dollars a month is taken f th om my check. Is

Is there anyway to get some relief from this . The ex works makes 20 dollars an hour all children are adults

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on May 8, 2020

Based on the information provided in your questions you can contact your local IV-D Office and see what they advise you.

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