Legal Question in Family Law in Indiana
Child Support Recognition
Named legal father of my daughter in Indiana in 1991. Mother was on AFDC. Left AFDC in 1993 and closed case with Support Enforcement in writing, while verbally instructing me to begin sending payments directly to her. All arrears owing to state of Indiana paid off in 1996. Reached verbal agreement with mother in 1999 which doubled amount of support paid -- implemented immediately. Further increases have followed based upon verbal agreement. Support has been provided on a situational basis on many occasions. Daughter turned 18 in 2007. Have always had smooth relationship with mother in regards to support, to this day. ALL that I state here can be substantiated using accompanying documentation, cancelled checks, etc.. Question -- how do I go about petitioning the court to legally recognize the original support order has been honored in good faith? Thank you in advance for your input!! Father in IL (daugher lives in KY).
3 Answers from Attorneys
Re: Child Support Recognition
You have to go where the original order was entered.
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Re: Child Support Recognition
You left out some information. What did the court decree state you must do. Basically, oral agreements between you and the ex is meaningless, you have to obey the court. And I doubt the court says you are to pay on a "situational basis"
Re: Child Support Recognition
NO GUARANTEE. Draft an affidavit setting fortht each and every payment and have the mother sign that she has received each payment. Be sure to state that each payment was child support.
For others who may read this answer, do not go by verbal agreements that differ from a court order in any way. Instead, get the agreement in writing and have the court accept the agreement before you institute any changes.
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