Legal Question in Family Law in Indiana
My husband has an arrearage for his child support for which a portion of his weekly support goes towards. The amount to be paid to the arrearage each week was decided by the judge 2 years ago when we had the support amended. In December 2009, my husband was laid off of his job and had not yet received unemployment when he had to go to court regarding his child support and a judgement his ex-wife had against him. They told him he needed to return on February 20, 2010 and he should have a job and payments made on the judgement. On February 20, 2010, he returned to court. He had a job, all child support payments for the 3 months (since the last court date) caught up, and had paid all but approx. $50.00 of the judgement. Brian's ex-wife's attorney then stated that there was another bill from their old landlord that he was supposed to pay but she ended up paying. We asked for a receipt or proof of payment from her and the judge said that she did NOT have to provide anything. Then he said that since Brian made good money in 2008 and still fell behind approx. $2000.00 in child support that year that he was going to order him to 60 days in jail but not today. The judge said that Brian was to pay the total of $3200.00 by April 20, 2010 and if he didn't that he should go straight to the jail to start serving the 60 days. He already is paying $142.00 per week for the regular child support order so IF he worked a 40 hour week for each of the 8 weeks between court dates, he would be paying approx. 70% of his paycheck to her. Of course in the construction trade right now, he isn't getting 40 hours each week so we are unable to pay our own bills. If he gets sent to jail, he will lose his job and no support will be paid. Since the arrearage is being paid on with the weekly child support order, how can the judge order the $2000.00 lump sum for arrearage to be paid by April 20?
2 Answers from Attorneys
Your attorney needs to explain this, as it doesn't make sense on it's face. If you didn't have one, this outcome demonstrates why one is necessary. Good luck.
I agree with Jay. Additionally, if your husband does not have an attorney he should get one asap.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
