Legal Question in Family Law in Indiana

Re: Postpone Child Support Payments

The technical answer to your question is a simple one: No party has the right or authority to change an order of the Court. Only the Court can legally modify a support order.

In reality, it often happens that circumstances arise, as it has in your case, where the parties have needs that require them to modify the order due to circumstances beyond their control. The Court is usually very forgiving in those instances, but that's not a guarantee. If you do decide to stop paying child support, get in writing, what you both have done and get her to sign it, and date it, so that you at least can present to the court, down the line, the fact that you were both in agreement with this. Now merely making an agreement, even in writing, does not mean the Court must accept that agreement. It could, for example, say that the monies you did not pay, must be paid to her and you had no right to not continue paying the support as ordered. But most courts are reasonable and understanding about these matters.

Your problem is that even if you and she agree to a suspension of payments during that time, the Clerk's Office which keeps track of support payments, will show an arrearage. That's why you should have something in writing, for later on, if that ever becomes an issue.

Suggest you meet with a local lawyer, your divorce attorney would probably be the best one, and discuss the matter in some detail.