Legal Question in Family Law in Indiana
court decided support payments without paycheck stub
my husbands ex wife had the court call an emergency custody hearing to take his son away from him. she said that her son told her that his dad made him sell drugs at the school bus. we never received a paper stating the court date so it was held without us. they decided custody goes to her and he would have to pay support. now the thing is 1) the same judge hearing this case was the same judge that just releases my husband two months prior from probation is that conflict of intrest? 2) he has not worked since june of 2000 this all happened in november, but the court never sent out for paychecks they went on what she said and they granted it. when she had to pay us it was only 25 dollars a week , she gets 131.00 a week? we moved to florida for work and he has a few interviews this week, what do we do? a week after all this court stuff the child said that he was lying and only did it so he could move back with his mom. we were going to let him before this all happened because he did want to stay in indiana but we did not jump as fast as he wanted so he came up with this. his father has no visitation and does not want any there is even a question if this is his.
1 Answer from Attorneys
Re: court decided support payments without paycheck stub
I'm an attorney in Indiana and will try to answer your questions as best I can with the information you gave.
Sounds like you are in an ugly mess.
The court CAN take away a child in an emergency situation, but it has to give your ex an opportunity to respond at SOME point in the process.
The fact that he wasn't working doesn't mean that he won't have to pay support. In the absence of a job or proof of income, they will "impute" or assign whatever income to him that they think he should be making.
The amount of support is based on each person's income. Does he make a lot more money than she does? There are other things that can affect it, such as health insurance payments for the child, day care expenses and visitation credits, but other than those, it's purely a mathematical calculation.
You can ask the court to order a paternity test, if you think there's a good chance he's not the boy's father, but there is a presumption that any child born during the parties' marriage is a child of the marriage.
If you'd like to consult with me about this case, please call me at 317-486-4578 or e-mail me at [email protected]....
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