Legal Question in Family Law in Indiana
Back child support
Back child support is owed in the form of a judgement. The children in question are now 34 and 30. The person who owes the money lives in Tennesee. Original order is from Indiana. Is there a statue of limitation or will this always be owed? Does interest accumulate? If the person who owes receives a workers compensation settlement is that compensation taken to pay the debt? If the person who owes comes back to the state of Indiana can that person be arrested for any reason? If the person who the money is owed to dies is that the end of the obligation? Can an attorneys fee be added to the amount of the support obligation? Thank you for your time.
1 Answer from Attorneys
Re: Back child support
Generally speaking, this back support should be recoverable. While the person from whom it is sought is out of state, it can still be done. In order to attempt this in a way which would be to your economic advatage, I would suggest contacting the county prosectors office in Indiana where the court ordered the support. They in turn will work with the prosecutors office where the obligated party resides. Keep in mind that this will take time. If this person has died, there may exists the possibility of filing a claim against the estate. Whether its timely and if there are sufficent assets is of course another issue. This may need to be addresed by an attorney in the same state where the estate is being probated. If the person is back in state, this should be made a bit easier and again the prosectors office may be your best alternative.