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  1. #1
    Join Date
    Oct 2012
    Posts
    7

    Default How to Object to the Other Party's Participation in Hearings by Telephone

    My question involves child support in the State of: Indiana.

    I live in Indiana, don't have an attorney Ex lives in Arkansas, has just retained an attorney. I received notice from Title IV-D Court that said "attorney appeared and filed Verified petition to emancipate Minor child and to Modify Child Support and Petition to Participate Telephonically, with proposed notices of hearing. No certificates of service were appended to either pleading. Council is requested to provide a certificate of service, showing service of Motion and Petition on other parties to the case. When same is rcvd, hearing will be set."

    I accessed my case online and it states "Court receives two certificates of service from Atty.XXX, apparently for petitions filed 11/29/12. Petition to modify support set for hearing 2/18/13, 10:30 AM. Father may participate by telephone unless another party objects. Notice of hearing to be served on Mother".

    I definitely object to ex participating telephonically. He has a body attachment warrant ($1250) for non payment of support and not reimbursing me for Guardian ad Litem fees. He is also $18,000+ in arrears and has only recently begun making sporadic $150 payments Support is 277/wk + 23/wk for arrears). In the past 2 years he has bounced from Arkansas to Indiana to North Dakota to Texas and back to Arkansas, obtaining jobs and quiting just as soon as income withholding orders are filed. He is also about to receive $30,000 from an inheritance + 1/2 interest in a $40,000 house. He is trying to give up his rights to the house and deed the whole thing to his sister - and the estate attorney is pushing the sister to accept the offer.

    How do I go about objecting to ex participating telephonically? Do I have to wait until the day of the hearing and object then, in person? Or do I need to file something prior to then? I don't think the court will ignore my objection because the ex filed a bunch of support modification/abatement petitions/telephonic requests last year and ignored rule to show cause hearings/non payment of support, and service notifications filed by prosecutor. The prosecutor refused to allow the ex to participate telephonically then, and dismissed all pending motions filed by ex.

    I am working through the IV-D program in trying to intercept the inheritance but since it's 2 states working on it, it's slow and I'm afraid he will get his inheritance and have it spent before anything can be done. I talked to an attorney in Arkansas about retaining him to file against the estate but I don't have the money to do that.

    Any suggestions?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Objecting to Non Custodial Participating in Hearings Telephonically

    What are your reasons for objecting?

    If it's to have him arrested, I'm not convinced the court will entertain that reason.

    If you've been served, you can file your objection at that time.

  3. #3
    Join Date
    Oct 2012
    Posts
    7

    Default Re: Objecting to Non Custodial Participating in Hearings Telephonically

    My reasons for objecting are numerous but mostly because the ex filed numerous motions (Pro Se) over the past year and a half, RE support modification, custody modification and abatement/emancipation. During the same time period, the prosecutor was filing rule to show cause motions due to non payment of support and not providing employment info and failure to pay Guardian ad Litem fees for custody hearing. Hearings overlapped and ex failed to appear so his motions were dismissed. Ex again filed motions (Separately, 14 days apart)for support modification and abatement for oldest child. Court had 3 separate hearings scheduled last December due to the timing of filings. When ex didn't show for the first hearing,Court set next hearing for all of ex's motions and included rule to show cause(non payment of support) in same hearing. Of course the ex didn't show due to body attachment warrant but faxed request to participate telephonically but prosecutor objected "Based on record in this case, including Father's failures to appear for recent hearings, court declines to act on the same" so court dismissed all of ex's motions.

    Ex repeatedly refuses to sign for court notices that are mailed to him, so he basically remains "unfound" for the purpose of being served. I know his physical address but he utilizes a PO box and won't accept mail at physical address. Can't legally serve out of state without physical address, so prosecutor from title IV-D program can't track ex down. In the meantime, the arrearage keeps building, ex is paying a couple $150 payments a month just to keep the states off his back. And now he's going to have the ability to pay the arrearage with his inheritance but I don't see that happening. He wants to give his inherited interest in the real estate away so that a child support lien can't be placed against it.

    Bottom line is, he has wasted the court's time, and my time with all his filings and refusals to appear. And now he wants to lower support for the youngest 2 children and emancipate older child(which, by the way was automatically done on July 1st 2012 when Indiana lowered emancipation age from 21 to 19) but not show up to avoid paying a bench warrant that is for refusal to pay support?

    I'm not looking for him to be arrested, I want him to pay what he owes for the children. And since he has, or will have any day, the money to do that - why not just show up and pay? He actually came to Indiana a month ago when he retained the attorney so it's not like he can't get time off to travel here.

    In any event, I have now been served. How do I file an objection? I couldn't find any court forms online relating to filing an objection.

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