Legal Question in Family Law in Indiana
How to proceed
Father sued mother for custody in January 2003. Temporary custody hearing was denied & father was ordered to pay child support (had never paid before) retroactive effective to the date he filed for custody. Father filed a petition with the judge in March for him to reconsider this order for child support & was heard in April. The judge never ruled on this. The custody hearing went on & the father won custody. From January through then end of the case, the father paid the child support somewhat regularly. He still owes $574. He claims he is still waiting for the judge's ruling before he pays it. The judge has violated the lazy judge law from what I have been told, as he never ruled on the hearing in March. I have also been told that if he did not rule in the 90 days it was considered dismissed. Now I am told that it has to go to the Indiana Supreme Court & they have to rule. In the absence of the judge's ruling, can I simply take him to small claims court for the $574? The judge in question is known for being dirty & not holding up to his responsibilities. At this point, I just want my money. Do I have to go back to the same judge, the supreme court, or can small claims handle it?
1 Answer from Attorneys
Re: How to proceed
The only court with jurisdiction is the custody court. You will need to file a petition for contempt if you believe that support was under paid from the time it was ordered until custody was changed.
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