Legal Question in Family Law in Indiana
I have been going through a divorce now for 10months, I have custody of our 3 children, temp. maintenance of the family home. My soon to be ex has already 14 contempt charges on him and nothing has been done. The utilities were shut off at the family home, my car was taken, he has bought a new car and sold 2 cars and has remarried in a different state. My attorney tells me there is nothing to do except file contempt charges. I had the Health dept. come and inspect the house and I got a letter from them stating that the house was unfit to live in and nobody should live there. So the children and I moved out of the house because of them being sick from the house. Can my soon to be ex leave us with no car, no house , just with nothing? My attorney will not fight for me and I dont have the money for a new one. Is there anything? Thank you.
2 Answers from Attorneys
You have not stated what the contempt charges are for. Is he in arrears for child support?
If so, how far behind?
Bluntly, you sound like you married a creep. The court can't change that. If he stays out of state, there is very little enforcement that can happen other than for child support, which can occur interstate through your local prosecutor's office. That is not your current lawyer's fault, it is simply the product of having 50 different states in the union.
If he remarrried, contact the prosecutor or the police on the state where he is and suggest a bigamy prosecution.
Have your attorney set the case for a final hearing, and if your ex doesn't show up, you may get more than 50% of the house, other assets, etc. Then you will have the house and can sell it, repair it, etc. Other than that, live your life as if your ex-H was dead, and you had sole responsibility for your children, because that is what you effectively have right now.
Good luck.