Legal Question in Family Law in Indiana
Abuse of discretion?
I have a means tested income. However, I was ordered to pay child support, which violates the State of Indiana Guidelines. I have refused to pay and consider this order an illegal court order, and face a charge of contempt. I am disabled and cannot afford an attorney. My court appointed attorney advised me he was overworked and overloaded and could not properly handle my case but would try. All legal service and aid organizations will not handle this case.
Where can I turn to get help?
1 Answer from Attorneys
Re: Abuse of discretion?
It would seem that you have few choices but to appear in front of the court and explain either personally or through your attorney what your position is and why.
If you feel your appointed attorney is not prepared to move forward, you may wish to have him or her request a contiunance until they are so prepared. Another option is to engage private counsel. Understanding your financial situation, you may wish to ask for finacial assistance from family, friends or from not for profit support groups who may support your legal position to do so.
Please keep in mind that the first priority of the court will be the childern. Even if you feel that the court order is in error, you are expected to comply until such time the court decides otherwise or a higher court reverses the order. Failure to comply in the mean time may very well subject you to contempt of court. This could mean among other things, being jailed.
Best of luck to you.
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