Legal Question in Family Law in Indiana
back pay child support
My husband recently got served with child support papers for support on his 12-year-old daughter. My question is if he was a minor at the time of conception and the mother was 23 or 24 could that have some barring on the support to be issued. Also the child�s mother is an admitted drug addict and there is no way we could have sent money we would always send gift cards and even offered to pay for medical when we would be able to get in touch with her. She has known where we were this whole time and is just now filling for support will we have to pay for back child support for 12 years? Thank you
1 Answer from Attorneys
Re: back pay child support
Father's age at time of birth of child has no relevance to his obligation to pay support at any time. The courts have a mechanism set up for payment of support - one pays through the clerk's office and the clerk keeps track of payments and disbursements. Had he been making his weekly payments to the clerk, there would not now be an action to recover the past 12 years of support. Even if you were able to prove he paid her directly, if she were to tell the judge she had not received the money, the judge would rule in her favor because his order entered says that support is to be paid through the office of the clerk of the court. There is a good deal of trouble in proving payment/receipt of direct payments and this is exactly why all Indiana court orders say that support must be paid through the clerk's office and have for nearly 30 years. Those who don't end up repaying what might have been paid directly.