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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23820
Experience:  Attorney with 14 years experience
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Indiana state..I am in process of divorce..out of work..ordered to pay maintenance support

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Indiana state..I am in process of divorce..out of work..ordered to pay maintenance support..don't have the funds to comply..they say I will go to jail for contempt if I don't pay. What to do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Barrister replied 3 years ago.

Hello,

 

When a judge or magistrate in divorce or family court rules that you must pay alimony, they have issued you an order. You must pay or you are in indirect civil contempt of court.

 

If you have circumstances which do not allow you to pay alimony, such as extreme financial difficulties, make a formal showing of that to the divorce or family court. Provide paperwork, such as your credit report and your pay slips. Use formal written statements to explain why you are not making enough to pay alimony.

.

In Indiana, a person must be "guilty of any willful disobedience of any process, or any order lawfully issued" in order to be found guilty of contempt of court.(Ind. Code § 34-47-3-1 : Indiana Code - Section 34-47-3-1: Disobedience of process). So if you are

dilligently looking for work and filling out applications and are still unable to find a job, the judge may find that you inability to pay is not "willful disobedience".

.

So you need to look for work in as many places as you can and fill out applications. Keep a list of all the places you apply and get a copy of your application to show to the judge to prove that you are actively looking for work. It will be difficult for the judge to hold you liable if you are acting in good faith and putting your best efforts into finding a job, but you simply haven't received any offers.

.

.

thanks

Barrister

 

 

Customer: replied 3 years ago.
I have more questions... Due to lack of work and income I went to stay with my daughter in Oregon. I don't have the money to get back to Indiana, so how can I file for a formal showing from another state?
Expert:  Barrister replied 3 years ago.

What do you mean by a "formal showing"? Do you mean a formal appearance in court?

.

If so, then the only way to do so would be to hire an attorney to appear on your behalf (which might not be practical for financial reasons). If you did not appear then it is very likely that he would hold you in contempt for failure to appear and could issue a bench warrant for your arrest.

.

.

thanks

Barrister

 

 

Customer: replied 3 years ago.
I need instructions on how to provide all the docuements you suggested to prove i'm not in wilful disobedience when I am in Oregon and can't afford to pay an attourney?
Expert:  Barrister replied 3 years ago.

Well, the simplest way would be to go out and get a newspaper and apply for 6-10 jobs that are listed, regardless of what they were. Ask the employer for a copy of the application for your records so you can show them to the judge. The "formal statements" just means your written explanation to the judge as to why you are unable to comply with his order.

.

So basically, due to the economy, you have been out of work, have no assets, had to move in with your daughter in Oregon and have been submitting applications on a daily basis looking for work so you can comply with the judge's order. You have absolutely no intention of being willfully disobedient to the judge's orders and are doing everything you can to get in compliance.

.

The problem here is that you will either have to get back personally for any court appearances or have an attorney represent you. You can't just mail the applications to the court and handle this long distance. They require you or your attorney to appear in front of the judge personally.

.

So the absolute cheapest way I can think of to get back is by Greyhound bus.

.

.

thanks

Barrister

 

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23820
Experience: Attorney with 14 years experience
Barrister and 6 other Family Law Specialists are ready to help you

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