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Child Support from mother-nonpayment

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ghspear

Guest
What is the name of your state? Indiana
We live in Illinois, the ncp, the mother, lives in Indiana. My husband has sole custody of the children. The mother is bi-polar and schitzophrenic. She has held menial jobs, Taco Bell, McDonalds, etc. She has held them for short periods of time, but worked until support order was issued. She is now $13,000 in arrears, I have already given an attorney $20,000 to get custody of the kids. (That is even with 3 years of abuse both mental and physical, proven) She has only supervised visitation, she does not use this, and we pay over 80% per supervised visit per the court order. We have hired a private collection agency for child support to try and help collect the support, they have been unsuccessful. She has gone to school trying to become a Medical Assistant, which is scary becuse she does not take her medication or see her therapist. It would be nice if she would graduate, but she keeps failng her classes and her parents keep giving her the money,$875 per class, to retake the classes she fails. She has bragged at the school and to us she does not have to pay and won't pay she will go to jail first, and she firmly believes that they will not put a woman in jail. She even told the judge when we were in court women do not have to pay support they give birth. We have been told we have to petition the court so that they will see she is in contempt and hopefully put her in jail, I do not know how to do that. I have been scanning the internet in hopes of finding something but no luck. I have alot of legal codes and explanations for the State of Indiana. Does anyone know where to find forms so that I can fill it in and my husband can file? Thanks.
 


Whyte Noise

Senior Member
What you need to file is a Motion to Show Cause, or Contempt of Court motion. The following links should be the forms you need. You can always call the clerk of the court in the county you have to file in and either make sure these are the right ones, or request that they send you the forms you need to file pro se.

http://www.in.gov/judiciary/selfservice/forms/contempt/contempt_instr.pdf

http://www.in.gov/judiciary/selfservice/forms/contempt/appearance.pdf

http://www.in.gov/judiciary/selfservice/forms/contempt/motion.pdf

http://www.in.gov/judiciary/selfservice/forms/contempt/order.pdf

Hope these links help!
 
G

ghspear

Guest
I wish it was that easy. I spent, at work, more then 3 hours going from Crown Point court to Hammond court to Gary Court. All courts my husbands case has been in. I only was able to find that it needs to be filed in Gary, IN. No one would give any advice, said they could not tell me, hire and attorney. I thought that was really shallow. One lady did tell me to find a legal library. Believe me if we did not have my 3 kids, his 2 kids, all the sport activities, me working full time and his being an over the road driver, I would love to research many law libraries. The Gary court house workers are very rude and curt. I appreciate the links, I am going to view now. Thank you very much.
 

Whyte Noise

Senior Member
LOL You're lucky. I called the court clerk here in my county and asked about the law library.... where it was located, hours, etc. I was told that yes, my county had a law library, but it is for ATTORNEY USE ONLY!!! The general public can't access it. Well gee, thanks for nothing. I've had to do all my research at the local public library (which really doesn't have jack squat in the legal department) and online. Missouri has what's called a "Family Access Motion" that the NCP can file strictly pro se when they are denied visitation by the CP. No attorney needed at all. Every county in Missouri is supposed to have a clerk in the courthouse that will provide you with the packet of forms to fill out, as well as give you instructions on filling them out if you need them. This is mandated in the Missouri statutes. I called the county that the FAM needed to be filed in to find out about the fees, etc. I was told that they didn't have the forms, and that there wasn't a clerk that knew anything about helping to fill them out. The fee, I was told, would be $120 to file.... the same as any other Family Court motion. Uhm.... according to the statutes, the fee is supposed to be $25. The lady who told me $120 had to ask someone else, who really didn't know themselves. They said, "I GUESS it would be the same as the other motions." It scares me to think that people like these are the ones who actually handle the things we file..... :rolleyes:
 
G

ghspear

Guest
Wonderful, great forms. I do not know how all of you know this, but it is great to have so many wonderful minds in one spot. Thanks again. I can fill these out and he is on his way, will update when he goes to court. Thanks again.
 
G

ghspear

Guest
Court date for non payment of support

We go to court on Tuesday, the 12th, will let you know how we make out. This is the first time without an attorney, but because of her non payment and mental problems I am hoping this will be an easy hearing. Thanks again for all the informational links, they have helped tremendously.:)
 
G

ghspear

Guest
Help, need a new form

We went to court today, the ncp never showed up, the judge did not even hold her in contempt. Told us we had to submit a judgement, what is that and where do I find one to copy or fill out, this is for the state of Indiana. We are suppose to fill in the amount she is to pay each week, how much she owes and then add interest and come up with the total. The judge said he will sign that so we have a judgement on file and however we choose to recover is up to us. Talk about really feeling kicked in the gut and knocked down. It really sucked. :confused:
 
G

ghspear

Guest
I found an Illinois Judgement online, would that also work in Indiana if I modify it on my computer or are they different from state to state?
 

Whyte Noise

Senior Member
Different states use different forms a lot of the times, and even different counties within the same state use different forms. Try calling the clerk again, see if she will send you the correct judgement form. I can't even find a case that's posted online that has the judgement form in it..... even if it was from another case, you could still see how it's supposed to be done and alter the Indiana one possibly. I'll keep looking though, and see what I can find. There are forms on the Indiana website, but I couldnt find a judgement. Maybe you can look there and see if I missed it....

http://www.inbar.org/content/courts/courts.asp

and this one...


http://www.state.in.us/judiciary/selfservice/courts.html
 
G

ghspear

Guest
Re: Court Forms

I had already scoured the Forms Link, but did look at the other link you suggested. You were right, no Judgment forms. They all seem to have a release of Judgement form, you wonder why they do not have the Judgement Form. This is almost silly, it would be if it was not so important. I appreciate all the help. Who would have thought that what was suppose to be so easy could end up so complicated. Thanks a million again.:)
 
G

ghspear

Guest
Income Tax Returns

We live in Illinois, she lives in Indiana. The ncp is a female and has been ordered to pay child support. I think I figured out the judgement thing, will let you know if how I typed it up worked, but how do you go about getting a block in to get her Federal and State Income tax returns. Does it have to be put in front of a judge or can we prove she owes over $13,000 and get whatever she has coming? Thanks for any input.
 

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