Legal Question in Family Law in Indiana
I am a father to a 6 year old son that lives in Indiana. I live in California. I am currently going to school full time and unemployed. I am married with a step daughter and have been struggling financially. I have sent some child support checks to my son's mother but not on a regular basis. I wish to see my son for most of the summer when he isn't in school. I have been seeing him almost every year in the summer but his mother only allows me to have him for about 3 weeks or so. She threatens me to put me in jail and uses child support payments against me. I send my son clothes, shoes, school supplies and even food all the time but my ex just wants money. I am a struggling parent that only wants to see my son and I am trying. What do I have to do to change a court order when I live on the other side of the country? Right now she has sole physical custody and thinks that since I don't pay child support on a regular basis I shouldn't have rights to see my child. Please help!
2 Answers from Attorneys
Parenting time and child support are two separate issues. The problem that you have is from a practical standpoint, once you file for contempt because she is not letting you see your son as was ordered by the Indiana court, she will seek a contempt for your failure to pay support regularly as was ordered by the court.
You need to hire counsel.
I would also advise that you take the money you are using to send food, shoes, etc. and send money instead. You will get no credit for those items with a court, as money is what you have been ordered to pay.
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