child support division

[sherlh28]

state of indiana, can the prosecuting attorney and the child support division just drop a case? what happens after the case has been closed?

 

[dorenephilpot]

I'm an attorney in Indiana and will try to answer your question.

I'm not sure what you mean by "drop" a case. Do you mean stop pursuing payments for you?

They've never been good about securing payments for custodial parents -- especially in cases where the NCP moves a lot, is self-employed or otherwise makes it his/her mission to slip through the cracks.

If everyone has gone to court and agreed on a settlement amount and that amount has been paid and the child no longer requires support, then the prosecutor's office might "drop" the case under those circumstances.

If your ex is a deadbeat, you can either hire an attorney or a collection service (who takes a big part of the money collected but might be worthwhile because something for your child is better than nothing).

I would need to know more facts to answer your question more completely.

 

[sherlh28]

state of indiana, child support division and prosecuting attorney have both told me to seek a private attorney, they have told me when i seek private counsel they will no longer collect on payment,i have also been told that a wage garnishment had been sent to his employer in feb but the employer will not comply, i received my last check march 13th, since my last phone call to the child support division, i call the state of indiana every day to see if a check has been sent and no payment has been received, my court ordered child support is 488.00 a month and ex is in arrears as of march 14th 8039.92 they find this not to be a problem, i only receive 100.00 a week when he does pay, when i call and ask why i only receive 100.00 a week i'm told to take what i get and they hang up, my ex has lived in the same town since he was born and has never moved, has a job with the judges cousin, so finding this man and ordering him to pay should not be a problem, do you think?

 

[dorenephilpot]

Once an employer receives a valid withholding order from the court to garnish someone's wages, it is required by law to comply. There are penalties that the employer can have to pay for failure to comply w/a valid order.

I'm not sure why there has been a breakdown in your case.

But he should be paying the weekly child support amount PLUS an amount toward the arrearage, not to exceed a certain amount of his income. I would have to look at the particular circumstances to determine what it would be. One other thing that factors into it would be whether he already has other garnishments, for example.

I would be happy to help you w/your case. I practice family law and deal with these issues frequently.

You can call me at (317) 486-4578 or e-mail me at [email protected].

 

[sherlh28]

thank you for your reply, the understanding i get when i call the child support office is a wage garnishment was sent to the employer in feb, they told me to call back, he had 14 days to comply, i called back in 14 days and then was told that the employer was not going to comply, the child support division then told me that they were going to get a court date for contempt, then i called back again a few days later to find out the court date so i could be there personally, then was told employer was complying but he was only sending 100.00 a week, this was on march 14th they had said employer had walked in the clerks office and paid, that was the last check recevied, now is he in contempt? i had asked for a copy of the wage garnisment and never recevied it, they told me i didn't need a copy, can i get a copy?

 

[dorenephilpot]

Yes, the court would have a copy of the withholding order that was sent to the employer in its files, and you have a right to have a copy of it.

You can call the court and ask that a copy of it be sent to you, if you want to see it.

I don't know that that will answer your questions or concerns, though, about why the employer is refusing to comply with it.