Legal Question in Family Law in Indiana
child support
My nephew has a child with a young lady. She has put him in jail for not paying his support on time. Currently he has been incarsarated for 1 1/2 yrs. Every six months she has gone to the courts telling them that he hasnt been paying support. The judge then gives him more time. Now she wants him to sign over his rights and she will let him get out of jail as planned in Sept. If he doesnt sign, she has stated that she will file again that he is not paying support. I do not have the money to help him but I hate to see him sign over his rights just to stay out of jail. Is there anything that can be done?
2 Answers from Attorneys
Re: child support
First, I am sorry for the situation that your nephew is in. Based on the limited facts you gave me I would strongly suggest that your nephew get an attorney. It does not seem fair that he keeps getting put in jail for not paying child support. How is he suppose to get the money if he is incarcerated? Also, your nephew needs to make this decision. If he does not have a good relationship with his child perhaps the best thing for him to do would be to sign over his rights. If you have any further questions please do not hesitate to contact me.
Dan Guinn, Esq.
Re: child support
You really need to provide more facts. It is very rare that someone is put into jail for non-payment of support unless there is proof and the non-payment is substantial. Has he paid his support when he is not in jail?