Legal Question in Family Law in Indiana
Dad doesn't work, gets to provide day care!
My daughter has custody of her daughter. She went to court and the judge
said that the father who does not work will now provide day care, while Mom
works full time. She was going to day care and loves it, has friends and is
learning. What incentive does the father have to get a job? He receives less
than $400. a month for disability, but has been able to work. Why should he
get a job, he can sit home and do nothing. The judge required that he provide
diapers and food while she is at his house. The amount his lawyer came up
with for support is $15. per week! Why would a judge order this. They are
supposed to go before a mediator, and the trial is in 3 months. What can she
do?
1 Answer from Attorneys
Re: Dad doesn't work, gets to provide day care!
Like it or not, if the parents were married, this is exactly what would be happening - the disabled father who does not work would be watching the child at home. That is the essence of determining support under such situation - what would have happened if the parties had remained (or been) married. If father has medical proof that he cannot work, he cannot be forced to work, but at the same time, he is being required to contribute to the support and parenting of the child. At lease mother will not be in the position of complaining about lack of visitation by the father and the child will have the security of having frequent and usual contact by both parents. That is quite likely more important to the court than the amount of money it can force from father under these circumstances.
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