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Family law/child support. Indiana. Child support has been…

family law/child support Lawyer's...

family law/child support

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Yes,child support has been filed . He owes the medical fee part , there is a formula/ a percentage he owes if payments made are above what i am suppose to pay

Lawyer's Assistant: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.

Yes, i have asked legal questions before on here regarding this dead beat dad. the issue i had once was that an attorney was NOT giving me correct advice so another attorney stepped in and gave me the correct advice!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

All i need to know is what form do i file w/the court? Do I say he is in contempt and fill out forms to send to court?

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Answered in 3 minutes by:
5/18/2017
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,212
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

I am sorry to hear about this situation. If you wish to enforce the decree for payment of child support, insurance, etc, then it would be the motion for contempt, and you can find an example HERE.

"I STRIVE FOR FIVE!" My goal is to answer your question to your utmost satisfaction. If I have done this, please rate with five stars and click FINISH. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. It does not cost anything extra to rate. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 9 months ago
I thought it would be "motion for Contempt" but wanted to be sure AND i could NOT find the form to fill out. He has a compliance hearing this coming Tuesday . Should I go and bring forms ( if i can find them) or mail form for Judge to see before hearing?

Yes, you want to appear at any compliance hearing if he is not complying, and if you wish to file a motion for contempt, it should be filed and set for a hearing ahead of time.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click FINISH to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
If I show up, will the Judge give me a chance to talk and tell them why I am there? I have emails of me asking him to pay of which he said he would get the money to me. This has been since Feb. So if I file "motion of contempt" today to send to courthouse, i also bring documents to compliance hearing on Tues in hopes of Judge allowing me to speak and show documentation?

The Judge will if the non-compliance has to do with you in some way. So likely yes.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click FINISH to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
I send in forms of motion of contempt, then Tues I also explain same motion of contempt at the compliance hearing . After this hearing, I will receive notice of a hearing date scheduled on the "motion of contempt" i filed or will it be resolved in Tues compliance hearing? I don't want to be redundant

No... I think you are confusing the situation.

1) WHY is he already going to a compliance motion - what for?

2) What would you be filing the contempt motion for?

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Customer reply replied 9 months ago
I asked the question in very first email correspondence today and it was about the MEDICAL portion that he owes me in support. I pay all medical up to a certain amount. When it exceeds amount I pay, he ( non custodial ) is then suppose to pay a certain % of the difference. HE HAS NOT PAID ANY OF THE MEDICAL portion he owes to me. I sent him receipts, I did the math etc. So my question again is the same.....What form do I file to the court if he owes this MEDICAL portion but has NOT paid it??

Right, but if you notice part of my question was WHY is he already going to a compliance motion - what for?

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Customer reply replied 9 months ago
B/c he had decided that he wasn't going to pay child support ( I never filed for support until last yr, daughter is 12! ) Order was filed and he didn't pay so we had contempt hearing and he was going to go to jail. He started paying. This hearing is a " check Up " on him.

Okay. Then what is happening is that compliance hearing is for another (previous) contempt matter.

The medical bills are separate. You file the contempt motion ASAP for the medical bills, serve him, and set it for a hearing. Whether you want to set the contempt motion for a hearing on the same day as the compliance is up to you, but you may not have enough time because he has to be served and given proper time before the hearing - and it is coming up.

You do bring copies of the motion to the contempt hearing (whenever it is).

At the compliance hearing, the Court will not allow you to discuss the medical bills unless the contempt motion for the medical bills has been filed, served, and set for THAT date as well.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click FINISH to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
Ok, So it appears that if he has been paying child support , I don't need to go to the compliance hearing this tues b/c I won't be able to bring up medical bills. Is that correct?

Correct.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click FINISH to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
Back to the original question.... What form do I file if he has NOT paid his medical portion of support? Is it " motion of contempt" Are you familiar with medical being a different part of support where a % is paid if above a certain amount ?

Is it " motion of contempt"

Yes. I provided a sample in the link in my original answer. Did you see it?

Are you familiar with medical being a different part of support where a % is paid if above a certain amount ?

Yes. Many decrees have specific, nuanced rules and it is not unusual to have case by case special requirements... and if he does not follow it, he is still in contempt.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click FINISH to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
Got it! thanks ! I hope this is all correct now. I had another attorney give me wrong advice and the proof was by another attorney stepped in and realized the first attys answer to be was incorrect. I suspected atty was unsure by her different answers to me /inconsistencies. Other atty cleaned up for 1st atty! So, I will take your advice and file a motion of contempt on the medical $ he owes me. Where is that form found ? I imagine you know. Thx

Yes. Find the form HERE.

Good luck.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click FINISH to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
Thank you!

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click FINISH to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,212
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely and 87 other Family Law Specialists are ready to help you
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Customer reply replied 9 months ago
ill rate you a 5 . the form you sent though is an example already filled out and not "fillable" I will try to find online.
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Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,212
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