Legal Question in Family Law in Indiana

My ex wants to lower his support payments due to temporary disability. He told me he sent out the support payments based on what his attorney said to. Which is way lower then the court order. Can he do this without an order for modification being filed in court? He says he will be able to date the new amount of support back to when he was first out of work. His attorney sent me a letter trying to work everything out and I sent them a letter back requesting proof of what his temporary disability is and proof of how long he was going to be off and proof of his income prior to his disability and have not received anything from his attorney. I have left several messages for his attorney and he will not call me back. I do not know what I should do from here.


Asked on 4/11/11, 10:30 am

1 Answer from Attorneys

A child support modification is only modifiable back to the date that a Motion to Modify was filed. You asked for the proof and are entitled to it. You might want to check th court file at the courthouse or online to determine whether he actually filed and on what date. There is little that you can do until you are served with papers and a hearing is set.

He should not lower the payments prior to a court hearing.

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Answered on 4/12/11, 4:21 pm


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