Legal Question in Family Law in Indiana

Back Child Support

My X husband was behind in his child support payments. He has let it happen several times each year. I never knew if I would get any support for the month.. After getting tired of it I called the State of Tennessee Child Support Office. After several pages of paper work and months of pulling my hair out I think we are now getting somewhere. My X lives in IN. and called me cussing and fussing about a warrent being served to him. I called the child support office and asked my case worker about it. The lady told me they knew nothing of when or if about papers being served. She even had the nerve to ask me if I wanted to back out. Of course I did not want to back out. It has taken over 16 months just to get to this point. I just didn't like the X calling the way he did. My question is,, do I have any rights knowing when papers are served to my X ??? I don't like him calling the way he did out of the blue. Also do I have any rights saying how the back support will be paid back to me, ie: wage garnishes or lump sums ??? Can I be in court when he goes ? How can I find out when he goes to court ?? My case worker laywer is no help. I just feel like the whole thing is out of control.


Asked on 12/28/04, 5:07 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Back Child Support

As frustrating as the system is, the purpose of the URESA is to save the custodial parent the expense of making frequent trips to another state where the payor resides to collect support. Although your state agency in TN could not tell you how long it would take to process your paperwork to IN or how long it would take IN to get his attention, you now know that his attention has been gotten. Because IN has all of your information necessary to enforce support, you do not need to be present at any hearing, regardless of wanting to tell the court what you want to happen. The purpose of the trouble you went to for the past 16 months was so that you did not have to come to IN for a hearing. The failure of the initiating state and the responding state to have better communications about what is happening is something that only the agencies involved or the federal government (who insisted that all states have the URESA law) can change. The goal is to get current support resumed on a regular basis. Of course, the non-custodial parent frequently contacts the custodial parent to complain - but remember it is all his fault for failing to pay his obligation, not yours that he got caught. Ask your case worker if you have the right to have additional information forwarded and then write a letter to be forwarded to the responding state for consideration on penalties for non-payment.

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Answered on 12/29/04, 9:36 am


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