Legal Question in Family Law in Indiana

My husband was arrested for non payment of child support. This is his 3rd arrest for the same offense. His bond was set at $25,000. We live in Evansville, Indiana. The child is now 17. When my husband goes to court on Tuesday will he automatically be given a jail sentence? Is there any chance he will not be given a jail sentence? Please help. Any information would be greatly appreciated. He is in arrears due to unemployment. There was a paternity test scheduled years ago; however he was unable to make the appointment due to being hospitalized. Therefore, the court automatically determined him to be the father. He does not believe he is, yet the court says he "forfeited" his right to a DNA test. Also, is this a felony? Why would his bond be set so high? He has paid child support on and off throughout the years. He was paying child support regularly (weekly) for a year; until he lost his job 4 months ago. I am not sure if that makes a difference.Thank you for any information you can provide. I am very distraught as we have 4 children. I am hurt, confused, and just need help :(


Asked on 7/03/11, 7:15 am

1 Answer from Attorneys

He will not automatically receive a prison sentence.

Failure to pay child support is a either a D felony or a C felony depending on the amount of arrears.

I have no idea why his bond is $25,000. Usually, but not always, the bond is related to the amount of arrears.

Your husband should have filed a Motion to Modify when he lost his job.

I know that things are difficult from an economic standpoint, but he really needs to have an attorney. I regret t say that an advice bulletin board will probably not be sufficient to assist him.

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Answered on 7/04/11, 5:14 am


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