Legal Question in Family Law in Indiana
I was laid off from my job over a year ago. I haven't been able to make my child support payments since. I have obtained employment working approximately 25 hours a week at minimum wage. I have no food in my house, my car is broken down and I can't afford to get it fixed, I am behind on my rent and just today I had to get an advance on my pay in order to keep my utilities on. If my daughter was in need of this money I would gladly starve before I would let her do without. But that is not the case. In fact, quite the opposite. My ex-wife recently inherited 2 homes and somewhere in the neighborhood of $ 250,000. She works full time as an RN and her live in boyfriend of 8+ years gets huge disablility checks every month. Shopping excursions are held 1-3 times a week, dinner at restaurants at least 3 times a week and a thousand dollars a month is spent on home shopping network purchases. I fully understand that it is my obligation to pay the ordered amount regardless but is there no regard given to extenuating circumstances and the extreme difference in household incomes? My My ex-wife has now threatened to have me "thrown in jail for felony child support" and has told me " don't try to see your daughter or call her". Is witholding visitation against the law in Indiana? How do I go about having my visitation rights upheld?
1 Answer from Attorneys
Your big mistake was not seeking modification immediately upon being laid off as modification is only retroactive to the date of filing, not the date of being laid off. Therefore, you must have a very large arrearage. That being said, you are entitled to parenting time with your child regardless of the status of child support payments.
You should consider trying to modify you support now and seek contempt against your wife for denial of parenting time. By being the initiator of modification before your ex seeks a contempt, you are less likely to be held in contempt especially if you start making some ffort at child support payments on a regular basis regardless of how well off your ex wife is. There are free forms at the Indiana Judicial Web site. However, keep in mind that she is likely to file for contempt on the child support.
Also, based on what you have said, it is possible that you qualify for free legal services. I suggest that you contact the Pro Bono Office in Hobart to see if you qualify.
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