Clearly, with COVID-19 and significant changes in the global supply chain currently impacting most businesses, everyone has had their job put at risk to some degree. This is the case even in great economic times. A simple restructuring of a company may cause a job loss. In this case, many parents paying child support simply do not know what to do. Willful failure to pay support is a contemptible action in court. This blog explores the best practices to follow when you lose your job and/or otherwise cannot pay child support. The best way to start to address this problem is ...
Tag: child support arrearage
June 11, 2020CD
In Indiana, there have been significant layoffs and job terminations due to the outbreak of the Coronavirus. For non-custodial parents who pay child support, suddenly their child support payments paid through a typical income withholding order does not occur. However, just because you lose your job does not lower or terminate your child support obligation. You have to act. The same is true if you are paying child support directly through the clerk. If you do nothing, your child support will continue to be owed and come to add up to a significant arrearage. This blog discusses options for parents ...
April 6, 2020CD
In any custody case, either divorce or paternity, where there are minor children, generally the non-custodial parent is ordered to pay a weekly child support amount (there may be some rare circumstances where the custodial parent pays, or no child support is ordered). However, what happens after the court order is issued, and the parent obligated to pay STILL does not pay? These are 5 common tools used to collect child support. 1. Contempt. File a contempt action for non-payment. This often results in a court order to pay extra each week towards the arrearage, and some other sanctions, as the court ...
August 14, 2014CD
As a general rule, in matters where child custody and child support are at issue, the Court will grant parents joint or sole custody and Order an obligation for child support to be paid. Often, the Indiana Parenting Time Guidelines (IPTG)1 are used as a baseline for determining parenting time for the non-custodial parent. For older children, IPTG parenting time for non-custodial parents is a midweek time and every other weekend. However, as the IPTGs state, they are only a guide/model, and parents should work together to determine the best parenting time division in the best interests of their Children. This ...
July 16, 2013CD
What You Need to Know About the Social Security Disability Exception An area of domestic law Ciyou & Dixon, P.C. attorneys observe clients sometimes very upset relates to Social Security Disability payments. For a long time, the Child Support Rules and Guidelines and controlling case law was vague and undeveloped as to whether such lump-sum awards could be applied to child support at all. In fact, despite the breadth of decisional law, this matter was not resolved in any definitive way until 2006. At this time, the Indiana Supreme Court issued its Brown decision (Brown v. Brown, 849 N.E.2d 610 (Ind.2006)). In ...
February 23, 2012CD
With a long-existing Indianapolis divorce practice, Ciyou & Dixon, P.C. attorneys have observed four common life changes that parents with children encounter after they are divorced that they do not understand may require legal action. Some of the emotional, financial consequences, and impact on life can be limited with identifying the issues. We hope this helps. Significant Change in Income or Job Loss. Domestic court judges are given very broad discretion to do what is fair (equitable). However, all legal authority has constraints in order to keep if from becoming arbitrary or unequally applied. One situation, in which the trial court has limited, ...
August 23, 2011CD