Legal Question in Family Law in Indiana

Erasing a child support case from the system.

I have a 2 year old daughter and her father and I have never been married. We were technically broke up when she was conceived. He did sign the affidavit at the hospital the day after my daughter was born. I filed a marion county child support case approximately 5 months after her birth...and her father did not bother to show up. Her father pays what he can when he can. I've closed the case to avoid having to take off work to go to court. The father has proven many times he is not fit to be a father to my daughter. He is a drug addict that will steal and lie to get what he needs. I am at my wits end and to the point where I don't want his child support money because I want him out of our lives for good. Is there any way I can have a child support case erased? I feel he is a danger to my daughter and would not trust him alone with her at all. He only sees her once a month now if that.....he lives in another state. As she gets oler him only seeing her once a month will only confuse her and he is not someone I want around my daughter any more. I know if I can erase the case so he doesn't have to pay this could convince him to stay away from us. Please help me with any advice you can give......the sooner the better.

Thank you!


Asked on 10/25/04, 1:58 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Erasing a child support case from the system.

The paternity suit for support cannot be deleted from the court system once a judgment was entered. You have the right to file a petition to restrict his parenting time rights and/or to have support refigured based on his actual visitation exercised, or you can merely forego collection of support, but you cannot make the case go away. If you begin denying his parenting time, you run the risk of being found in contempt. However, the parenting time guidelines are enforceable by you to compel him to visit regularly or, as I said, you could petition to restrict his parenting time in that it is not in the best interests of the child to allow him guideline time which he fails to exercise.

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Answered on 10/25/04, 4:01 pm


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