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Friend is American wife of a small child. She and the baby

live in the US> Her...
Friend is American wife of a small child. She and the baby live in the US> Her British husband has not ever sent money for child support. He did just lose his job. (They live apart because neither has been able to raise the money and sponsorship to bring the spouse over to live in either the US or Britain.)

Her friends want her to divorce him...or file a deadbeat dad claim against him.
They say the state of Indiana can then file claim against the British husband (even tho he just lost his job) and that Indiana will give her some aid while they pursue the claim.

THREE questions:
1. Is it true that her filing a claim against him will raise her aid?

2. If the dad agreed to sit down with a mediator (once he got a job) and show all his bills...and then agreed to pay the mediator's recommended child support fee to her every month...would that satisfy the child support requirement?

3. Is there any other option we are not seeing here? NOTE she has relatives who REFUSE to help her till she divorces the dad. What they do not get is...right now she needs shelter...her current situation expires end of May.
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Answered in 4 minutes by:
5/1/2012
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

If her income is low enough, she can file for TANF benefits (also called "cash aid.")

Steven Kincaid :

If she does this, the state of Indiana will pursue reimbursement from the father.

Steven Kincaid :

If her income is not low enough to qualify for TANF, there is no type of monetary assistance available while child support is pending.

Steven Kincaid :

If your friend is not on TANF and she is willing to accept a mediated amount of child support, she can do so without a court order. However, she can change her mind at any time and request a court order for child support. The court would calculate child support using a program similar to this online child support calculator.

Steven Kincaid :

If your friend is on TANF, child support cannot be mediated and will have to be pursuant to a court order. It will be enforced by the State whether she wants it enforced or not.

Customer:

Thank you for your response. Is it possible for the courts to pursue action against the British husband (should she choose this course)? If so...this might make the husband more willing to voluntarily send support once he gets a job.

Steven Kincaid :

I am looking up to see if the UK has a reciprocal agreement with Indiana - give me a moment...

Customer:

Thank you!

Steven Kincaid :

Yes, Indiana and the UK do have a reciprocal child support agreement so Indiana would be able to enforce a child support order in the UK, or the UK would enter a child support order on behalf of your friend or the State of Indiana and would enforce that order.

Customer:

Thank you very much. I will tell my friend. Appriciate your help (My sense is that this husband also loves his wife, but he's clueless regarding money management (unless it's a bill he must pay) and maybe the knowledge that he could be legally pursued will help this 25 year old guy to "man up" when he has a job.

Steven Kincaid :

I hope that works!

Customer:

Bye. Am happyto pay this bill.

S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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S. Kincaid
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
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Experience: I have practiced family law since 1996, focusing on child custody and domestic violence

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