Legal Question in Family Law in Indiana

After my divorse how long do I keep paying for her?

Our divorse was finalize about 2 weeks ago. My ex-wife is unemployed. She does'nt have a disablity, she just chooses not to work. She comes to me begging for money for her rent, groceries,gas, utlities, phone service, and diapers and formula for my son. (I am the custodial parent, but we share equal time with our son.) At what point can I stop giving her money for these things? If I didn't provide her with this money I am afraid for the conditions my son would be living in. Since she can't provide the basic necessities for my son, would a judge grant me full custody?


Asked on 1/19/05, 11:21 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: After my divorse how long do I keep paying for her?

If the divorce decree did not provide for you to pay any sums to your former spouse for her support or for support of your child while the child is in her custody, then you have no obligation to pay any monies to her. I assume you and your former spouse negotiated an agreement resulting in the present custody arrangement including no child support. You need to look at the financial reasoning behind the agreement that no support would be paid and make a policy decision on your own whether it is in your child's best interests for you to pay some support to the other parent or petition the court to set aside the decree and agreement and seek a different custody and support result.

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Answered on 1/19/05, 11:26 am


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