Legal Question in Family Law in Indiana

Child Support and SSI

I am writing this for a friend, who is currently sitting in prison for Non-Support of Dependent. At the time he went to court for this, his only income was SSI, yet he was sentenced to 6 years for not paying child support. From what I can determine, the court can issue a child support order, but can not enforce it, if the non-custodial parent's only income is SSI. Is this correct? If so, what can we do, to get him out of jail? Obviously, he has no income to pay a lawyer, but that should not prevent him from being treated fairly by the justice system. What can he do?


Asked on 3/08/04, 4:26 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Child Support and SSI

Your incarcerated friend should contact the public defender's counsel (a state agency) for assistance. The support guidelines do not define SSI monies as income. It sounds like the Judge did not believe your friend that he was unable to work or otherwise irritated the judge by his attitude in Court. He can also file a motion to correct error on his own by doing research in the library to find cases that support his position that if his only income is SSI he cannot be held in contempt and jailed for non-payment of support. He may, however have been jailed for other resons, such as failure to pay support at a time when he did have earnings. If that is the case. He is going to sit out his sentence.

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Answered on 3/10/04, 12:10 pm


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