Legal Question in Family Law in Indiana

Appealling Child Support

I got divorced 3 years ago. My child support was 1500.00 per month. My ex had it modified to 1110.50 because day care costs dropped.We each pay our portion of day care costs directly to the provider. In December of 2003, we went to a mediator where my ex fought for more visitation with our 3 children. I felt forced into a new agreement. On December 24, 2004, my ex filed a petition to modify child support because his income dropped. He is a furniture salesman and gets paid strictly on commission. His income dropped around 12,000 from the original figures. I knew he took more days off than he was suppose to so I had his time cards suponead. It turned out he had 29 days unaccounted for. He is also remarried so his expenses are less. The judge still awarded him his modification. Now my payment will drop to 606.00 because of that new credit for visitation . I can not support 3 children on 606.00 per month. Can I appeal the judge's decision? We fought that he intentionally took time off without pay. What other tactics can I use to have my child support remain the same as before?


Asked on 4/21/04, 4:19 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Appealling Child Support

The unfortunate reality of the economy of the state and its individual citizens is reflected in child support orders which drop and income decreases. The guidelines and the judge look at it in a manner of if you had remained married the family would suffer the same from one parent's downturn in income so that the same effect is awarded in support modification cases. Under the new guidelines, the non-custodial parent can become obligated to pay in addition to support his proportionate share of extracurricular activities, but unfortunately there is no particular strategy to keep support high.

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Answered on 4/22/04, 9:46 am


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