Does Indiana extradite men that leave the state and do not pay "spousal support" during the divorce proceedings?
Country relating to Question: United States
State (if USA): Indiana
I have just been ordered to pay $486 a week in child support for my 2 boys, 17 and 19 in Indiana , I was also ordered to pay temporary spousal support of $7500 a month and $7500 of her legals fees in 45 days,, Does Indiana extradite for non payt of temp spousal support? (If I pay this, she will never want to finalize the divorce) I know that failure to pay more than $5000 is a federal offense and is extraditable thank you, Bruce
It is highly, highly unlikely - and in almost 20 years of practice (full time, domestic relations), I've never seen it. There is something called UIFSA.
Under UIFSA - the Uniform Interstate Family Support Act - she'd have to get the support order
have it registered in the new state that you go to and then go to enforce it there.
We don't actually do or see extraditions - for these types of cases.
This isn't like other cases where the jurisdiction to enforce an order is only with the state that issued an order.
For example, if I committed a crime in TX and then moved to MD,
MD can transfer me to TX to be held accountable for my crime there.
would it be considered a crime? what, contempt of court?
Under UIFSA, she would have the right to enforce the order in any state that had jurisdiction over you (where you move to), but wouldn't be able to require the new state to make you move back/be brought back.
Contempt of court is either criminal or civil.
It can be both...
Civil is when you hold the keys to your jail cell.
in this situation?
meaning you pay - you get out.
It is possible it could be criminal but not that likely.
s, how would divorce proceedings play? would I be arrested when I came back for final? would we just negotiate the final from afar?
it is a very complicated case I (according to the IRS ) owe them $350,000 in back taxes, fines and penalties
If you fail to show up at a hearing that you were given personal notice of and which relates to a contempt charge requiring your appearance, then yes an arrest warrant would be issued for you.
they have alien on my house
she has the house
she is filing for "innocent spouse" stays from IRS since I made all the money
the house is in foreclosure
court ordered me to attempt to get house out of foreclosure,, at least make an effort
I know Wells fargo will take nothing less than the amount due(roughly $18,000 for 6 months)
we owe $165,000 house worth double
I am sure I can do an offer compromise with IRS pay them $60,000 and get lien removed
ever heard of such a screwed up situation?
I've heard of plenty - as I said, I've been practicing for almost 20 years.
so, should I file bankruptcy?
Bankruptcy will not help any support obligations.
there is about $60,000 in med bills for her hip replacement also
It will essentially put all divorce proceedings on hold (they will be stayed)
pending the bankruptcy.
so, just drag out my support obligations even longer?
It won't stop them or change them...
med. bills, unsecured debt - could go away.
The entire time the support will continue to accrue, however.
here is the duezie,,, would the attorneys fees, and any and all temp support parts be considered contingent?
(not child support, I would be paying that)
any incurred spousal support payts
No - as I said - all support payments are NOT dischargeable in bankruptcy.
and the $7500 I have been ordered to pay her lawyer
The attorneys fees probably would be.
but not temp spousal support?
damn was looking like a good idea for awhile
Right, not temp. support.
To be clear:
you can not discharge spousal support and you cannot discharge child support in bankruptcy.
ok thank you for your help if you have any ideas and or suggestions let me know
since I told the judge at the hearing I could not afford to pay what she wanted (I work for myself, broker equipment)
can he hold me in contempt if I can not pay?
I need to set up my own residence etc
Yes, if you're in violation of a court order you can be held in contempt.
even if u told him, and can prove it, that the money isn't there?
If something changes since the entry of that order, you should immediately file for a modification (downward) of support.
how do u get bloood from a turnip?
Yes because if you told him and he still ordered it, for whatever reason he didn't believe it or ruled for your wife...
he is already asking for a hearing to contest it
so until that order is modified it is in effect and valid
well, if the money isn't there it isn't there
ok like I said, if you have any ideas let me know I want the damn think over ASAP
I hope it works out.
but she will want to milk it as long as she can and how long do you think the court will let her?
1 yr? 18 month? 2 yr? till 17 yr grads?
She can try to extend things as long as possible but at some point the end trial date will be set - not that support won't go beyond that date - but that is when ALL the evidence will be heard on support and you'll get your chance to explain how you can't afford it and why.
indiana is a no alimony state but I don't see shell of a lot of diff
my attorney says I may have to pay some money to help her get educated, up to 36 months, but not near as much as spousal temp support is now
ok good night thank you
18 years as a family law attorney, adjunct law professor
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