Child Support ??

[bambi66]

What is the name of your state? IN, Marion County

I have a friend that has a current support order for $61/wk and $39/wk in arrearage ($100/wk total). NCP is currently over $8K behind. He is waiting on a decision regarding disability and says he can't pay when he is NOT working. CP can't afford an attorney. She went to the Prosecutors Office and they asked for HER (CP) last 3 pay stubs and tax info (what's that about?). She has now just learned that he is filing bankruptcy, which will leave them homeless with 4 small children. What steps should she take at this point? Any advice is appreciated.

 

[Whyte Noise]

They more than likely asked for HER info because CS is figured on the income of BOTH parents, and they might be re-calculating it.

He's filing bankruptcy?? How is that going to leave her homeless? Is all she has for income his CS? He can't discharge his CS debt in BK court. It's not allowed.

What the DA is prolly doing is setting up a case against the father. Although, if he doesn't have an income he's right....... he can't pay. BUT, if he's getting disability benefits his children are also entitled to benefits each month as well. He should have told them about his children when he filed for it. I'd have her check into that aspect too.

 

[bambi66]

Sorry for confusing you. He is filing bankruptcy and his family w/4 small children will be homeless. Their support order was just adjusted about 1 1/2 - 2 years ago from $63/wk to $61/wk.

His disability hasn't been approved yet, so she is not getting anything for her child.

Now What? She feels sort of guilty since he is filing for bankruptcy.

 

[tigger22472]

My court order is through Marion County also. I went to the office to open up a case against my ex. If your friend is on ANY kind of assistance they will go after them for free. If she isn't then I believe it's a 25$ fee for them to do it which personally I think is crap. She also has to give them ALL information she has about him. They will set up a courtdate, and then attempt to serve him. My ex was ordered 113$ in Jan. 00, after getting a week and a half he was ordered 10$ on the arrearage in May 00. Since then I have gotten about 6 weeks worth of support and can't get him served. It's a long hard process but if she starts, gets frustrated and then quits she has to start over at the beginning. That's not any fun. I kept in contact with my case every few months. Sorry can't be of any more help

 

[bambi66]

Tigger - thank you for your response. I've heard that Marion County is difficult to deal with.

My friend is not now nor ever was on any type of assistance. She has all of the info on him and always has. She just doesn't know what to do next. Where did you go to open your case?

Can the venue be changed to the county she now resides in since she has lived there over one year?

 

[bambi66]

^

 

[tigger22472]

Lots of luck to her. My original order was in Marion County. I moved to Tippecanoe county and they didn't do anything. Then when I moved to White county they wouldn't take it. I was told no matter what everything still had to go through Marion because that is where the court order is. I just decided to cut out the middle man. Tell her to try this e-mail [email protected] I'm not sure if they can help because she doesn't have a case open however they can probably tell her how to get one started. I have had lots of luck in getting through and getting things done.. However I have a case with them now. If that doesn't work tell her to do a search for Indiana Child Support and there is a site where I believe she can get an interview set up.

 

[broome ny]

That is a loaded lie if they tell you that you cant change county

What ever is the county you are residing in they have to move it there... Dont let them tell ya different girlfriend...
Just file a paper with the county you live in and say I am living in this county and want it changed to this county... You may have to appear in court and they may tell you that you dont have to do this or some other story, but they are full of it. Take my advice never go by what the ladys at the desk tell you. They can get you in a whole lot of trouble. I learned the hard way.~

 

[tigger22472]

Normally I would agree, and if I lived further away then I do then I would force the issue more. However, I only live a hour and a half away and it's that much easier to do it there. besides they seem to be doing more... (not that they actually do anything either) then the others would even try.