Legal Question in Civil Litigation in Indiana
My sister asked me a question today that I couldn't answer. I wasn't even sure of the answer. I wanted to see if you could tell me the answer so I will know. I am not trying to practice law but am really curious to the answer. My sister has a child with a man and they have an Agreed Order where child cupport was reserved for a later date. In February when their relationship ended, she filed a petition to modify child support and received from the judge an Income Withholding Order (signed). It is the only thing she received. The father of my niece went to the IV-D office today to have automatic payments set up for the child support and the lawyer there told him that my sister was trying to pass a "bogus" child support order. She got into a shouting match on the phone with my sister and told her that "she is not her personal lawyer to do what she wants when she wants it." My question to you is this, is the (signed by the Judge ) withtholding order of child support enforceable? She is going to the courthouse in the morning but I tried looking it up on the internet but couldn't find anything and would really like to know the answer in case I run into something like this out in the field. Isn't it illegal for the Child Support representative to shout at someone over the phone? Or at least unethical. This is not the first time this lady has tried to take something away from my nieces and the first time, the Judge gave her a reprimand. If you can't give me an answer, maybe you could steer me in the right direction to research it on my own.
1 Answer from Attorneys
I am sorry, but there are some missing pieces to your submission that make a complete response impossible to provide. The IV D Prosecutor's actions were not illegal or unethical. However, based on the information provided, the conduct may have been unprofessional.