Legal Question in Family Law in Indiana

I recieved sole physical and legal custody of my 2 children in 2008 n Indiana. at the time they resided with their mom(my ex). In Dec 2009 I went to court after filinf a motion for child support and for permission to move out of state. My ex filed for a change of cutody and represented herself. When she filed her motion she put in it that she made approx. 1300 a mo. my lawyer never questioned her as to her income, so the judge said he was unable to make a judgement on child support based on not knowing her income. I am responsible for all transportation ad no child support. She gets her visits and hs no responsibility. She claimed the children again on 2009 taxes and in the court order it states that I am to claim the children. I had her give me a copy of her taxes and come to find out she mad amost 35,000 in 2009, far from 1300 a mo. no matter how you add it. my questions are: My lawyer said only 1 motion is able to be filed a year is this true for child support? Also, can she get in trouble for lying in a court motion? Finally, can she get in trouble for claiming the kids every year even though the order states that she is not supposed to? Thank You!


Asked on 6/30/10, 6:38 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

My lawyer said only 1 motion is able to be filed a year is this true for child support?

NO

Also, can she get in trouble for lying in a court motion?

YES

Finally, can she get in trouble for claiming the kids every year even though the order states that she is not supposed to?

YES

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Answered on 6/30/10, 1:41 pm

I agree with Jay. You probably need new counsel.

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Answered on 7/02/10, 6:54 pm


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