• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

support and custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Linda Guy

I live in Indiana. We have joint custody, I was awarded primary custodial care. My ex has his own business and his new wife is a trauma room nurse. They both make excellent money. I have not worked for the last 15 years except in the business that my ex and I owned for which I never received pay. I took care of the kids and helped out at the business. My ex has a no contact order to keep him away from me and is awaiting trial for criminal recklessness which is scheduled for Dec. 2003. However, the children were unhappy at their new schools so I agreed to allow them to live with their dad in order to attend new schools with the stipulation that I pay no child support except to help out with their clothing and incidentals. What I would like is to have shared custody. Since I don't want to interrupt the children's school week, I asked that my ex agree to allow me to have visitation one night a week and every other weekend and also that they be allowed to be with me any weekend that was scheduled for him if they wished. He agreed. My ex signed an agreement. His attorney either didn't file it or a judge refused to sign. I'm not sure what happened. After 6 months of the children living with my ex, he filed papers suing me for child support. My new husband's company is closing and I have no job. The only reason that I allowed the children to go with my ex is because they wanted to go to their old school and I wanted them to be happy. I cannot, however, afford to pay support. My mother-in-law is elderly and needs me to shuttle her to and from doctors and help care for her. Working outside the home at this time doesn't seem to be an option for me since she needs care and I have two stepchildren. What is your advice for me? What should I do? Also, my ex wants me to pay for college. He has always said that the kids would have to pay for half of their own college. What is the law in Indiana regarding this? Thank you
Last edited:


Senior Member
It's pretty cut & dry Linda. Not to say that the judge wouldn't be sympathic enough to deviate from the guidelines (rare)...one just never knows. Try www.supportguidelines.com & impute yourself at min. wage or if you have marketable skills, use what you could make as income. This will give you at least some idea of what your support obligation will be. There is probably also a state min. of support, it will also be listed on the above website.
As far as college:
Termination of support at 21 or emancipation
Ind. Code § 31-16-6-2 provides that a child support order may include sums for the child's education at institutions of higher learning, where appropriate.
Perhaps your ex will agree to set amount of child support? Are you close enough that a joint 50/50 custody arrangement would work? Children really benefit from having both parents available to them, not one just being a visitor/wallet.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential