Legal Question in Family Law in Indiana

Can a Magistrate do this?

QUESTION

I lost my job almost a year ago.as aa result my choild support payments have fallen behind. I spent a few days in the County Jail because of it. I have Paid child support since then and need to keep a roof over my head as well as food on my table. I am about to begin a new job and my visitation has been suspended until I appear in Court...........Can he keep my children from seeing me? I was under the impression that even if I was behind in child supprt over $5,000 (Which I am NOT) my children could not be kept from me. Is this legal?


Asked on 3/25/03, 12:36 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Can a Magistrate do this?

Two things you need to do. One, get a contempt petition filed with the court to take care of the visitation. Support does not need to be paid to get visitation. That is, you are not paying the child support so you can see your children. The second thing assumes that your income before losing your job was more than minimum wage, that is file a petition to modify support.

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Answered on 3/25/03, 1:54 pm


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