Legal Question in Appeals and Writs in Indiana

I'm currently on unemployment and paying child support. My child support is based on an agreement that my ex-wife and I came to. We had the agreement notarized and she has a copy of the document, I somehow have lost mine from having moved so many times. She refuses to make a copy of the document and send it to me; I have asked her several times for it. The court enforced child support agreement was made while I was working for the Navy. I recently was honorably discharged from the Navy after they decided I was a liability, as a result of my ex-wife using the routing number on the child support checks I sent to open online accounts in my name and running me into debt, effectively stealing my identity. I would like to appeal the court (State of Indiana) to lower the child support to a more reasonable amount while I am unemployed.

Does she have a legal obligation to send me a copy of the documented agreement we made? If so, how would I exercise this right? Also, I know she is going to lie to try to make it seem like her expenses are greater than they are, to try and keep getting the same amount of child support or possibly even increase it. I also know that the court favors her because she is female. Please help me! I don't know how to present my case to the court and what I should do to counter any devious tactics she might use to swing things. I've read over the Indiana child support laws and they do say that a change in income is a viable reason to ask for an appeal. But I don't know what to do. She's extorted me for so long, and she's very clever when it comes to getting her way.

Asked on 7/01/10, 3:51 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Your sitution is far too complex to handle by yourself since you are discussing that fraud may be involved and your ex is not a trustworthy person. You need to hire an attorney to Petition the Court to Modify Child Support. By the way, an agreement for child support not approved by the court is not enforceable.

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Answered on 7/02/10, 5:20 am

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