Legal Question in Civil Litigation in Indiana

I went to court in 2008 (the date now is 6/16/2010) for modification of child support and other issues such as who claims who as dependents on taxes, who is financially reponsible for other expenses, etc. The modification and court date was set by my ex-wife and her attorney. After the judge made the ruling, she told my ex-wife that she was responsible for filling out and filing the ruling. Unfortunately, the filing never happened and of course the ruling was in my favor. I've called my ex-wife's attorney several times (because my ex-wife refuses to do so) with no success. I've never got to talk to her attorney nor has her attorney ever called me back when I have left messages. Now the child support division is contacting me stating that I am more than $4000 behind (I am not behind. I should actually be about $250 ahead) in child support and attempting to garnish wages to make up the arrearanges. I have contacted and spoke with the deputy prosecuting attorney and all that has been said is that there is nothing they can do until the paperwork is filed and in their system. My attorney has recently retired as an attorney and a judge, so he is extremely hard to reach and rarely available to answer my questions or assist in any way. What more can I do? Do I really need to spend the money on another attorney to force my ex-wife's attorney to actually file the paperwork / ruling that was ruled on back in June of 2008? If yes, what if her attorney doesn't file that ruling?


Asked on 6/16/10, 9:13 am

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Unfortunately, this happens more often than it should. If your attorney withdrew as your counsel, you can peition the court for a status hearing. If he has not withdrawn he will need to do so. The other attorney will then have to explain why the order was not done. I suspect that upon receipt of your Petition for a status hearing, the order will be drafted very soon thereafter. You want to be sure that the order reflects an effective date that is the same as the date in 2008. Good luck

Read more
Answered on 6/16/10, 12:38 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Indiana