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FamilyAttorney
FamilyAttorney, Lawyer
Category: Criminal Law
Satisfied Customers: 678
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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My ex changed jobs and refuses to tell me where or report to

Customer Question

My ex changed jobs and refuses to tell me where or report to the courts for child support and hasn't made a payment in 10 weeks. This is the 2nd or 3rd time this has happened in the past 5 years. Trying to find out how to go about this as he is refusing to pay, but in past tries to lie to judge and the judge threatened to throw him in jail last time. Do I file criminal contempt or what do should I do?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Have you talked to a lawyer yet?
Customer: Not yet this time. I had an attorney last time, but money is really tight right now and can't afford one at this time
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has not seen our son since he was 10 months old and he will be 7 in February. Last time we went to court the judge took away visitation rights because of him not being involved.
Submitted: 15 days ago.
Category: Criminal Law
Expert:  FamilyAttorney replied 15 days ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute, type your answer and then I’ll be right back. I promise I haven’t disappeared but am working on your answer.

Expert:  FamilyAttorney replied 15 days ago.

One of the most common ways to enforce a child support order is to file a contempt citation with the court that issued your child support order. A contempt citation asks the court to order the other parent to appear and show cause why he or she is not paying child support as ordered. You can file a contempt citation on your own through the County Clerk’s Office, or the Child Support Division can file a contempt citation for you.

You would actually file in the original court you were in first before you go to criminal court. The family court can actually find him in contempt of court.

Also, the child support division may know where he is. You can start with them to find out where he is.

If that doesn't work, you can ask the judge to serve him by substituted service -- sometimes they allow you to serve by publication in a newspaper if he can't be found. The court has to agree to it but if you can't find him they may do that.

Expert:  FamilyAttorney replied 15 days ago.

Do you know that your state (and every other one) has the child support division which can pull his license -- driver's license, and any other license, including recreational license. That will really get his attention.

I know this because for a couple of years --- still as a lawyer -- I did some enforcement work in another state and it's a real eye-opener. People lost their fishing licenses, driver's licenses, etc. if they didn't pay support.

Expert:  FamilyAttorney replied 15 days ago.

Anyway, without a lawyer, you have several options. You could start filing the contempt in the same court you were in AND try to go after his licenses in the child support enforcement at the same time. He will take notice, believe me.

Does this answer your question?

Expert:  FamilyAttorney replied 15 days ago.

Criminal court in your state is the last resort. If nothing happens to get him to pay, you can then go to criminal court and press charges there. This crime is a Class D or Class C felony under Indiana law, depending on the circumstances.

Customer: replied 15 days ago.
He hasn't disappeared I know and the courts know where he lives he is just refusing to pay support. We have gone to court several times for non payment (refusal). He was found in contempt last time, but not criminal.
Expert:  FamilyAttorney replied 15 days ago.

Let me know if you would like me to find attorneys for you -- pro bono or legal aid if you want. If you change your mind about a lawyer, you can come back here anytime after I'm rated and I can help you look for a lawyer.

Okay, thanks for that.

Yes but the judge may jail him this time because he didn't jail him last time. If you want to go straight to criminal court, you can try that but they may make you go back to family court first.

I'm glad he hasn't disappeared, so the sheriff should be able to serve him. I am so sorry he's not paying, and he's not being much of a father either for your son. I feel badly for both you and your son -- you're losing out on money and he's losing out on a father. I'm sorry.

Let me know what else I can do to help you. That's my job -- to make sure I help you and I'm happy to do it.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

Expert:  FamilyAttorney replied 9 days ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

NYFamilyLawyer

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