Legal Question in Family Law in Indiana

Re: Delaying support order

Unless the father has filed a petition for custody alleging that you're an unfit mother, custody of the child is presumed to be with you. Even if he did file such a petition, he would have to present some very compelling evidence to sway the court beyond just a basic diagreement as to your style of parenting.

It is also presumed that he will be able to have visitaion with the child. If he feels he is being denied, he may file a petition for that. If you obtain the Indiana Parenting Guidelines, this will assist as to how visitation should operate. At such a young age as 8 months, the guidelines may not provide for any over night visits with the father. Get a copy and review them ASAP.

Child support under theses circumstance should be paid through the child support clerk's office in the county in which you reside. IF you have a support order it should direct him to establish such an account.This will assist to ensure you receive the child support he is obligated to provide and that he is given the appropriate credit for doing so.

If he is not paying the support, you may wish to ask the court which issued the order to also order a wage assignment. This will direct his employer to automatically deduct the support and send it to the clerk's office. This takes it out of his hands helping to avoid problems with payment.

I would suggest that you consider retaining an attorney if these difficulties continue.