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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How far behind in Indiana can someone fall before non-payment

Customer Question

How far behind in Indiana can someone fall before non-payment of child support becomes a felony?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



This depends on the Court. Can you tell me who you are in relation to the matter, and how far the arrears are?





Customer: replied 4 years ago.
My name is XXXXX XXXXX am the custodial parent. My daughters father has been ordered to pay 65 dollars a week. His arrearage is over ten thousand dollars. I have manybe received 1000 dollars during the past four years.
Expert:  Ely replied 4 years ago.
The Court itself determines when it is a criminal contempt if it sees that he HAS an ability to pay and does not, or if it's been a very long time, but how long is subjective towards the amount owed and the time. But you don't have to wait for the court. What you have to do is to file a Motion for Enforcement by Contempt. A Motion for Contempt (MoC) is essentially the device you use to make sure the other party follows the temporary or permanent orders set out by the Judge. It doesn't matter when the original orders were - 5 weeks of 15 years ago - as long as they are still alive, they are binding.Once a MoC is filed, a hearing date is set, and the other side is served. At the hearing, you or your attorney outline the things that the other side has not lived up to (which would also be spelled out in the motion). The Judges do NOT like it when their orders aren't followed (theirs, or their predecessors - all the same). They will demand a reasonable explanation, and by reasonable, I mean a life/death/imminent harm reason.When they get none, they will verbally admonish (i.e. scream) at them, and then tell them that they have 15/30/however many days to do what they have to. At your request, they can also be made to pay for your costs in brining this motion (attorney costs and service, etc). An enforcement hearing will be set later. If they STILL do not perform, the Judge may assign punitive damages, or even imprison. Repeated contempt will hold a jail sentence to set them straight.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 4 years ago.
Do you know where I can find the dollar amount when Indiana considers non-payment a felony?
Expert:  Ely replied 4 years ago.
Like I said, there is no said specific amount.

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Ely
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Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.