Legal Question in Family Law in Indiana
Change state venue on child
My ex-husband filed divorce in 1996 in the state of Indiana. My child and I had been living in Texas about 3 months. The divorce was finalized in Indiana. I have been going through the State Attorney Generals office in Texas to try and get his wages garnished for child support and to find what his current income is. Indiana has not been complying with TX and nothing has happened. He makes a good living and I would like to be able to count on my support in a timely manner. Without a large expense to me, as I am a single mom, how can a get the child support issues moved out of the control of Indiana to the state of Texas, so I can receive more help from the attorney generals office? I feel I have no control over this issue. The Attorney General can't even find out out his income is, however I have given them both places of his employment and his SS#. Please help me.
1 Answer from Attorneys
Re: Change state venue on child
You have, in essence, a free lawyer in the state of Texas. The way the system works is through what is commonly known as "IV-D" - pronounced "4 Dee" which is a federally funded program that is essentially run by each state. If a custodial parent lives in, say Texas, with a parent who owes child support but who lives in another state, then the state of Texas contacts the jurisdiction in which the parent owing the support resides and that state then begins a process of collection. It can be a lengthy process. As a former director of the Child Support Division in Lake County, Indiana, I can tell you that most of the systems around the nation are overworked and understaffed. We had over 50,000 active cases when I was there (about 10 years ago). I'm sure that number has risen but am also sure the staffing level has not risen.
Some are turning to collection agencies that do nothing but collect on child support. Others turn to private attorneys located in the state in which the "deadbeat" parent resides. Even then, it's seldom a quick solution and may take months to get the matter before the court.
Hope that helps you understand the situation better.
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