Legal Question in Family Law in Indiana

Child Support

My husbands ex-wife was ordered to pay $25.00 a wk. in child support in 1998, in 2000 when my husband received custody the new support order was for her to pay $50.00 a week. She has been found in contempt of both orders 3 times. She has a good paying job now, filed with the courts to get custody modified and has stated that if my husband allowed the kids to move back, she would be able to take care of the kids without his support. Yet, she still has not volunteered to pay extra support based upon her new income status. When my husband presents this issue to the judge, what sort of response could be expected? Can the mother of these children be found actually neglecting the needs of her children? Thank you.


Asked on 5/03/04, 11:46 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Child Support

Judges are unlikely to modify custody from one parent to the other when the other has not paid support regularly without good reason unless there are real problems that the children have not adjusted well to the divorce of the parents. A non-custodial parent will generally not consider a poor history of support payments as a drawback to getting custody once he or she is able to pay a lawyer to handle the case; however, judges expect that the parents show concern for the children by paying regularly over the years. If your spouse were to lose custody, it would have to be for a better reason than the ex now has more income.

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Answered on 5/04/04, 4:04 pm


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