Legal Question in Family Law in Indiana

Incapacitated parent

My ex husband was seriously injured in an accident in early summer. He is still under nursing home/rehab center care. He is unable to feed himself, talk, walk, etc. He had visitation rights for every Wed. and every other weekend. Since the accident, the children have been with me. Now his current wife is suing me for contempt of court siting the visitation schedule. She had been made my exes guardian. Does she have rights? Also, I do not know if disability has been filed on behalf of the children? What happens to the child support my ex is supposed to pay?


Asked on 9/13/07, 10:35 am

1 Answer from Attorneys

Re: Incapacitated parent

You need to hire an attorney as soon as possible. There are some serious issues here and with regard ot the contempt I cana not answer without more detail. He still owes support since the unfortunate accident and should be filing disability. Your children are entitled to payment. Child support might be modified and might not be, depending on the circumstances. The ssdisability may end up being more than the child support. If not, child support might be modified. However, if he has other sources of income such as a disability policy, it might not be modified.

I believe that you can apply for the benefits on their behalf. Call the local office. I think that there is one in Muncie.

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Answered on 9/13/07, 1:31 pm


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