Legal Question in Family Law in Indiana

My ex husband refuses to drop off our two children after visitation with them. I live in Indiana and he moved an hour away to Michigan after we got divorced but we lived together in Indiana. He wants me to pick the children up even though he knows I have no license or car. He is also $3500 behind in child support which recently was lowered to $65 a week for both children. Our divorce agreement says unless we otherwise agree we should follow the indiana state guidelines for visitation but since we dont go by the guidelines when it comes to what time they are picked up and dropped off and since he had been dropping them off for the past four years, I figured that was the agreement. Since he said he was stopping dropping them off i filed a modification with the courts to bring the matter before the judge, I was wondering what to do in the meantime about picking them up. Like i said i have no license and never have had one nor do I have a car. How will the judge rule in this matter?


Asked on 12/06/09, 1:41 am

1 Answer from Attorneys

If the move was recent, he is required to file a relocation petition. Did he file a petition before the court for relocation? If not, you can file a contempt. You might be able to file for a restraining order and obtain an immediate hearing. However, the statute is a bit unclear so I am not sure if that remedy is available to you. The relocation statute also allows for you to recover attorney's fees. I suggest that you hire counsel. If you qualify, you are entitled to free or reduced cost legal services so you might want to contact your local pro bono office. http://www.in.gov/judiciary/probono/attorneys/provider/dist2.html

In the meantime, you may want to arrange with a friend or family member to assist you with rides.

Finally, you may want to contact your local IVD prosecutor. For a small fee, I think $25, they will attempt to collect the arrears. They have the authority to intercept his tax return. It is too late for this coming April, but not for the following year.

Good luck

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Answered on 12/11/09, 5:06 am


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