Legal Question in Family Law in Indiana

Re: Re-entering Court

Some courts will accept a letter clearly setting forth basic fact and relief requested. You may contact me by phone (317-882-9799) in late afternoon or by email. I will provide a short response to give you some guidance. without charge

Re: Re-entering Court

Generally, if there is a standing court order and one of the parties isn't complying with that court order, the way to handle that is through a contempt action.

You would file a petition with the court, citing what the court order says, how your ex is violating it, and asking for a hearing.

If he is found in contempt, the court likely will order him to pay some or all of your attorney fees.

Re: Re-entering Court

If there is a Court Order you can file a Verified Petition for Contempt against him for not complying with the order. Within the Contempt Petition you will need to allege what the Order says and that your ex has not complied with the Order. You also will need to request a hearing within your Contempt Petition. You should file the Contempt Petition within the original court, which handled your divorce (use the same cause number). When you file your Contempt Petition you should also submit an Order to Appear so that when the Court sets it for a hearing they also will be ordering your ex to appear.

If this is a child support matter you might try your local prosecutor's office to see if they can help you. In Marion County you can go through the prosecutor to get child support if someone is not paying. However, this often takes longer than if you hire private counsel.

If a contempt is filed and your ex is found in contempt you can ask the court that he be ordered to pay your attorney fees. But that is in the Court's discretion.

Additionally, if your ex is not paying child support you can request the court to order him pay child support through an Income Withholding Order. An Income Withholding Order requires his employer to take child support directly out of his paycheck.