Legal Question in Family Law in Indiana

child support modifification

i pay child support for i child who is now 15 yrs. old.i am current and up to date with it.the problem is i paid her cash directly to her and not the courts.after a few years of paying her the cash then i sent money orders instead to have record of it.i went to indiana.gov and printed out all the blank copies to file for the modification.then i went to the court house to start filling it out.the clerk looked up my divorce but said there was no record of me paying child support,which i already knew of course,then she told me to contact my divorce lawyer about it.well i am trying to do this on my own because i cant afford a lawyer so do you have any steps in mind i can take to see this through?like i said,i have alot of reciepts of payment to her plus she has written a letter for me saying that i do pay her child support and that i mostly pay her in cash.then she dated it ,signed it,and added her phone number if anybody should like to inquire about it.i know alot of exes would stiff there spouses and just say that they never received any child support and then the courts would make them pay all the back support back from day onebut in my case my ex is not like that.she would be honest about it because she is an honest person.


Asked on 4/20/09, 4:21 pm

2 Answers from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Re: child support modifification

1. Prepare a stipulation for both sides to sign (notarized) that support is paid and current through a particular day (today, tomorrow, whenever you do it).

2. For Pete's sake, pay through the courthouse from now on. If your ex-wife gets hit by a car six months from now, you'll not be treated as well by her guardian or the executor of her estate as she is willing to treat you now.

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Answered on 4/20/09, 5:04 pm

Re: child support modifification

There is a lot to lose if you do not do this correctly. I suggest that you hire an attorney to poperly draft the paperwork. You should be able to hire someone for under $500. I know that sounds like a lot of money, but that's nothing compared to the amount you could owe if you are not properly credited for past payments. If you cannot find a local attorney to handle that for you, you can contact me.

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Answered on 4/20/09, 5:18 pm


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