Legal Question in Family Law in Indiana

File a Motion

My soon to be ex-wife and I are currently going through a divorce. When everything started, we both were working full time. We both agree on everything through the divorce process. In the meantime, support was issued for me to pay her. Since then, I've lost my job and receive unemployment benefits. We had decided that since both wages were equal, no insurance was needed to be paid, no childcare was needed to be paid, and the visitation was split 50-50, that no support was necessary at the time. I've now however after 4.5 months, have started having my check garnished and threatened to have my ''late support'' put against my credit rating. How do we go about filing a motion with the court to mutually agree to change how WE want our future to go. Neither one of us can really afford an attorney, and we really have agreed on everything. Even when we saw the attorney, my wife didn't agree with what the attorney was forcing her to do in regards to how WE decided to financially support our children. Thank you for your time.


Asked on 12/14/06, 2:10 pm

1 Answer from Attorneys

Re: File a Motion

Try looking at the Indiana Judiciary Site for forms.

You should read the Indiana Supreme Court Child Support Guidelines to detemine what the financial obligations should be. Please note that the court makes the final decision regarding child support. The court does not have to enter your agreed order and if your agreed order deviates from the acceptednguidelines, and there is not a reasonable explanation why, the court may chose not to honor your agreement.

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Answered on 12/14/06, 3:31 pm


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