Legal Question in Family Law in Indiana
Encforcement of a child support order
I have been divorced since 1999. There is an order to pay support through the court. The father only made payment the first year through the court and then stopped. He has made payments through 2003 via check, cash, etc.. Starting in 2004, many of the payments were missed, late, or the checks bounced. In 2005 the father missed 7 weeks. I tried to 'work' with him to make up the arrears because he is difficult to go against. He now says he will not pay for support anymore. I tried to 'keep it nice' in the past because he is a very mean person. I am tired of having to struggle and I do not feel that I am being honest by hiding this from the kids. I want to know how I can proceed in re-instituing the court order and how the arrears can be paid up. I have tried through the CSE (2004) but it was slow and could not be pursued b/c he 'owns' his own business (dba). He now owns a house and is re-married. I know the name of his company. Please let me know how long I should expect (range) and how much it could cost to pursue this matter. I am serious about pursing this matter. I wish to have peace and to not deal with this person directly any longer. Thank you.
2 Answers from Attorneys
Re: Encforcement of a child support order
You do not have to reinstitue this order. It is in effect now. You need to file for contempt. I can not tell you how long the process is or what it will cost based on the information provided.
Re: Encforcement of a child support order
First, you need to speak with an attorney. A local attorney will be able to give you an idea of costs and time.
You have several the option of different remedies to collect support. They include contempt (with the ultimate penalty there being jail time), garnishment, and suspending his driver's license. Consult with an attorney and give him the facts necessary to figure out what remedy or remedies can be used in your case