Indiana law regarding child support, and please, comments accusing him of being "a deadbeat dad" and he "just wants to get out of paying child support" are not helpful. That line is getting old. We just want to know what Indiana law says about this new wrinkle:
Opposing attorney in this divorce now says Dad owes child support "arrearages" in the amount of $3,250 per month, to be charged against him for each month beginning 9/5/2014 (the wife picked this date) and continuing every month thereafter until a court issues the child support order or the marriage is otherwise dissolved/settled/whatever.
There has never been an order for child support for this case, ever, in any state, at any time because the Mom has refused to engage in negotiation in each of the three attempts by Dad to divorce and set child support. So, the Dad just voluntarily made a payment every month he was employed, as advised by his JAG, paying a total of $9,150, from the time the marriage split up until he was discharged from the Army. The Dad's attorney advises he should start paying on this debt right away, as it is increasing each month, and will reach $19,500, if for example, the dissolution is not settled until March 1, 2015 (just a target date, ~90 days from now). Both attorneys agree a child support order will likely be in the neighborhood of ~$450 per month based on their calculations. That's doable.
However, we're confused where this arrearage comes from. Is it possible that what they really want is back child support? Is that something Indiana allows for? My only experience is with Ohio - support starts the day the order is signed - period. If you wanted it earlier, you should have filed earlier.
At this rate, it's up to $13,000 now, and growing every minute. Even if Dad pays back-child-support from the time of his Army discharge when payments stopped, and covers it until March 1, 2015, at their estimated $450 per month, he would owe $8,400, not $19,500. What's with the $3,250 per month? This amount exceeds 100% of his monthly resources. Of course, it's a good incentive for him to cooperate to get this done - for each month of delay, his support is over $3,000 per month, once settled, it goes down to $450. A mediation conference was scheduled for Monday, December 15. The Mom cancelled it on Friday (yesterday), says she has to work on Monday. She cancelled the previous conference too. This is now five attempts over a span of 3 years at finding a solution, and for each one, she refuses to engage.
Now the mediator is busy until the middle of January. So, Mom can just keep delaying, and each month she delays, she gets an extra $2,800 per month. I can't even imagine how I would go about spending over $3,000 on a child, month after month- that's $39,000 every year! And there is no amount of money he can pay to stop it. This just seems bizarre.
Oh, then that brings up another question, in Indiana, can one party just keep scheduling and cancelling these mediation meetings?
I found the following on the Internet. Confused more now, as how can there can be arrearages without an order to violate.
CHILD SUPPORT ARREARAGES
If child support has not been fully paid as ordered, child support arrearages accrue. In order to enforce the child support obligation, a Motion for Enforcement may be filed by the custodial parent, a government agency such as the Attorney General, or in some larger counties, the Domestic Relations Office for that county.
Can I be put in jail for not paying child support?
Yes. You may be placed in jail for up to six months for not paying child support. The legal basis for placing you in jail is “contempt of court.” Contempt of court is a legal term that means a court order is not being followed. You may also be fined up to $500 for each violation and have to pay attorney’s fees and court costs.
Opposing attorney in this divorce now says Dad owes child support "arrearages" in the amount of $3,250 per month, to be charged against him for each month beginning 9/5/2014 (the wife picked this date) and continuing every month thereafter until a court issues the child support order or the marriage is otherwise dissolved/settled/whatever.
There has never been an order for child support for this case, ever, in any state, at any time because the Mom has refused to engage in negotiation in each of the three attempts by Dad to divorce and set child support. So, the Dad just voluntarily made a payment every month he was employed, as advised by his JAG, paying a total of $9,150, from the time the marriage split up until he was discharged from the Army. The Dad's attorney advises he should start paying on this debt right away, as it is increasing each month, and will reach $19,500, if for example, the dissolution is not settled until March 1, 2015 (just a target date, ~90 days from now). Both attorneys agree a child support order will likely be in the neighborhood of ~$450 per month based on their calculations. That's doable.
However, we're confused where this arrearage comes from. Is it possible that what they really want is back child support? Is that something Indiana allows for? My only experience is with Ohio - support starts the day the order is signed - period. If you wanted it earlier, you should have filed earlier.
At this rate, it's up to $13,000 now, and growing every minute. Even if Dad pays back-child-support from the time of his Army discharge when payments stopped, and covers it until March 1, 2015, at their estimated $450 per month, he would owe $8,400, not $19,500. What's with the $3,250 per month? This amount exceeds 100% of his monthly resources. Of course, it's a good incentive for him to cooperate to get this done - for each month of delay, his support is over $3,000 per month, once settled, it goes down to $450. A mediation conference was scheduled for Monday, December 15. The Mom cancelled it on Friday (yesterday), says she has to work on Monday. She cancelled the previous conference too. This is now five attempts over a span of 3 years at finding a solution, and for each one, she refuses to engage.
Now the mediator is busy until the middle of January. So, Mom can just keep delaying, and each month she delays, she gets an extra $2,800 per month. I can't even imagine how I would go about spending over $3,000 on a child, month after month- that's $39,000 every year! And there is no amount of money he can pay to stop it. This just seems bizarre.
Oh, then that brings up another question, in Indiana, can one party just keep scheduling and cancelling these mediation meetings?
I found the following on the Internet. Confused more now, as how can there can be arrearages without an order to violate.
CHILD SUPPORT ARREARAGES
If child support has not been fully paid as ordered, child support arrearages accrue. In order to enforce the child support obligation, a Motion for Enforcement may be filed by the custodial parent, a government agency such as the Attorney General, or in some larger counties, the Domestic Relations Office for that county.
Can I be put in jail for not paying child support?
Yes. You may be placed in jail for up to six months for not paying child support. The legal basis for placing you in jail is “contempt of court.” Contempt of court is a legal term that means a court order is not being followed. You may also be fined up to $500 for each violation and have to pay attorney’s fees and court costs.
Child Support Arrears Claimed Without a Prior Support Order
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