Legal Question in Family Law in Indiana
child support/visitation
My boyfriend is going to a court date today that was originally scheduled as a court date for ''modification of child support.'' He is also in the process of trying to get physical custody of the children, as his ex-wife is subjecting the children to large amounts of psychological abuse & mental warfare. The ex-wife isn't fully aware that he is building a case for custody, but she has a suspicion. She threatened him by saying that if he tries for custody that she ''stuff'' that she will use against him if she has to. He has no idea what ''stuff'' this could be if anything, but he fears she will make up lies, or come up with something he hasn't thought of. He is afraid that at this court date today (which is for the modification of support) she will try and bring ''stuff'' up that he is not prepared for. Is his ex-wife/her attorney allowed to bring up factors that have to do with visitation/custody at this hearing even though it is specifically set for a mod. of support? Basically, are the parties allowed to venture into other legal issues beyond what the court date is set for? (he is trying to lower support because he agreed to pay more than the calculator came up with, which he now realizes is out of his means)
1 Answer from Attorneys
Re: child support/visitation
Generally speaking, the issue today should only center on child support. Your husband needs to hire an attorney if he has not done so already. Modification of child support and custody are not simple issues. Each have statory requirments, so it is not a simple matter of filling our a form.