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Indiana Child support / Retro

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dlky

Junior Member
What is the name of your state (only U.S. law)? Indiana

First, I apologize for the length and appreciate any advice. My husband and I live in KY but we are dealing with Indiana law as that is where the mother lives. My husband's daughter is 11 and he and his ex (never married) have never had a legal child support agreement. The two of them lived together for the first two years of the child's life and supported her together. They split and she married someone else a few months later. I've been with my husband for eight years, married for a little over four. My husband has always paid regular child support payments (more than he would've according the Indiana guidelines if he'd been smart enough to do it right) and anything more he could afford beyond that. I have seen him do this, one problem is that he is terrible with record keeping. Since we've been married, I've written the checks out so I have a record of all that. (We also provide medical, dental insurance) My husband told the CP that we just need to make this legal because lately they can't see eye to eye. (She has also taken the tax exemption every year) Indiana's goal with support is to make the child "whole" as if the parents had remained together. She and her husband earn two to three times what my husband and I earn (I'm currently in college over full-time. I'm only pointing this out because I think she is only asking for all this to be malicious) but now she's asking for all past medical bills, hospital bills, past support, etc. My husband might have a hard time proving those few years before we were married. (Sometimes he signed his paycheck right over to her) Her husband has told him that he knows my he has paid (and that his wife is lucky to have an upstanding man as her child's father) and he wouldn't "allow" her to say otherwise but that doesn't appear to be the case now. (She filed and is asking for what was earlier stated) Any ideas anyone? Also, can she ask for ALL past bills for eleven years??? Paternity was never established, but this has never been an issue. The child could be his clone and at this point it would destroy him and the child if it wasn't true. (I know they would both deserve to know the truth but having known the little girl since she was about three, I don't doubt this for a second) For this reason, we are not seeking this test. His child has always been the most important thing in his life but now the mother is painting him to be some bum who never paid. We cannot afford an attorney. I don't know how we can go back and get proof from his prior employer regarding the checks he signed over to her for obvious reasons. He's going to contact the company, but this seems like a stretch even to me. Thanks to anyone willing to read all this. ANY advice, beyond "Why didn't he file sooner" is much appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


mmmagique

Member
In Indiana, cs is not retroactive. Well, it is, but only to the date when first applied for. The ex is out of luck on that one. Also, the medical, hospitals, etc. that your husband paid should have records of such.

He will be much better off once all this is taken care of.

(oh, and her husbands income has NO bearing on your situation. If you choose to go to school ie: not work, that is your own problem. One I have as well, right now!)
 

dlky

Junior Member
Thanks

I appreciate the reply. I only mentioned income to point out that she is asking for 11 years worth of bills that he/we already paid because she is being malicious. The county attorney through the child support office from whom we received notification indicated that retro was requested. I wasn't able to find any info in their laws regarding this that they don't provide this. (But if you have knowledge that this state doesn't provide relief for retro I'll research further) My husband doesn't have a record of the medical bills. He was trusting (stupid) enough to just hand over the money directly to her when he paid child support if there were any other bills. (medical, school, extra-curriculars, etc) Thanks for the info.
 

mmmagique

Member
I lived there for quite some time, and that was the law up until a couple of years ago. I'll research more for you tomorrow.
 

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