Legal Question in Disability Law in Indiana
I have approximately $29,000 of child support arrears. I was divorced in 1995. My ex-husband took my child and gained custody. I did not have visitation with my children for 11 years. I was arrested in another state, I had a business established. I was unaware of owing child support. The State of Indiana Child Support Division had my employment information. I was not given an opportunity to defend myself or establish a child support order. I spent a total of 11 months incarcerated, placed on probation, and now I am serving home detention/probation sentences. I DO NOT have visitation with my children. I do not have a relationship with them currently. I have written the courts in the county of the order, but I have never received a response from that judge. I am ordered to pay support. What approach would I use to gain a judgement in my favor to order my arrears be forgiven?
1 Answer from Attorneys
How is it that you were unaware of a child support obligation? If you can prove lack of legal notice, you may be able to set aside the support order. However, doing so is not simple.
You need to contact an attorney and be prepared for some substantial attorneys fees as what you are seeking to do is a very complicated and difficult process. Good luck.
The lack of a relationship or visitation with your children has nothing to do with the order for support arrears. Visitation and payment of support are considered to be seperate issues.
Courts generally do not respond to letters as the rules require formal submissions with copies being provided to the last attorney of record for your spouse or to your spouse if no attorney was hired.
Good luck.
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