Legal Question in Civil Litigation in Indiana

I have a written contract with my ex (same sex) to pay 1800 a month to pay for the expenses of the home that we still own together. We have a joint with right of survivorship mortgage from Citimortgage, a second from Regions, utility bills, maintenance and lawn care costs. In return, I live in the home, take care of it, and pay 900 a month toward the house expenses. My ex lives in another state in a new relationship. Because the economy and housing market is bad, we have not been able to sell the house. My ex just stopped paying or paid significantly less than the 1800 a mo. amount beginning in Sept. 09. I write this query as of May 19, 2010. Thus, a significant amount has not been paid, and I've depleted my savings trying to make up for it. Her income is still 3 times what my income is. I cannot continue to make these payments by myself and default looms. I am aware that Indiana has a statute which although contemplated as property crime relief, is often used in breach of contract situations to provide treble damages and attorney fees as a punitive measure, I.C. 34-24-3-1. I filed such an action in Small Claims court, but my ex moved it to county court where I must hire an attorney. When I went to see an attorney, she told me that because we were involved, this damage provision is not available to me even though this is a breach of contract case. She sees it as a support case, for some unknown reason, and says something about the fact that we had a joint checking account, the treble damage and attorney fees provision is not applicable. Other attorneys have told me that this is a breach of contract case, not a spousal support case, because we weren't married and couldn't have been in Indiana. Thus, I should be allowed to recover under breach of contract. I've looked for cases which withhold use of this statute in a breach of contract case involving claimants with a joint checking account, and find absolutely nothing which would bar a breach of contract case or recovery under the treble damage provision. Would an Indiana attorney or someone knowledgeable about the law here please confirm or deny for me that if I have a written contract for the payment of money to be used for household expenses and the promissor stops paying, I can or cannot successfully use this treble damage statute to recover actual damages, treble damages, and attorney fees?

Thanks,

Sally

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