My question involves child support in the State of: INDIANA
Quick back story:
Had a one night stand with a friend of a friend. Stupid, I know, but regardless a child was born 9 months later. Father denied the child from the moment he found out. Paternity was established in April 08 and support was ordered in July 08. Visitation was awarded per Indiana Parenting Time Guidelines, but father refused visitation. First payment was received in October 08 by income withholding and was consistent until February 09. There was a court hearing in May 09 for non payment, but it was continued to a hearing in June 09, which father failed to show up for and a warrant was put out for his arrest.
Skip forward to now:
I spoke to the father on the phone early July of this year. To make a long conversation short, he accused me of committing perjury and committing TANF and IRS fraud. He was upset that I did not give him any say as to whether or not the child should have even been born, and he told me I had outstanding felonies against me. For what, I have no idea.
I was really upset at the allegations, but after a few days and lots of love, support and advice from my family, I finally cooled off and was able to let it go.
Then, a few days ago, I get a Notice of Hearing from our family court. The father has requested a Modification of Child Support. Three reasons were given. The first being he lost employment in February 09. Second, he believes the Child Support Obligation Worksheet was calculated incorrectly and I’ll get to the third reason in a moment.
Now, I understand the loss of employment, and I agree the support should be adjusted for that. As for him believing the worksheet was calculated wrong, at our initial support hearing, we each got a copy of the worksheet and we were told if we did not agree with it we had so many days to let the court know. He did not do so. My first question here is, will he be able to get the initial order changed and if so, will the new amount retro back to when it was first ordered?
Back to the reasons for the modification request; the third reason is just completely absurd. He wants to review my income for that last three years and wants proof of payment for child care going back to the date of birth. The reason he is requesting this information is because, and I quote from the court paperwork, “Her answers conflict each other, she states she is on TANF but makes over $X a week, this would mean she is not allowed to collect TANF. She is lying about one of them.” Don’t get me wrong, I have no problem giving him any information, but I have no idea where he is getting this from. I want to know where he thinks I stated I receive TANF, because I can’t find that anywhere. I never received TANF, and I never stated that I did. Besides, if someone is receiving TANF, they cannot get child support also. It’s one or the other. I tried to tell him that over the phone, but he just didn’t get it.
I know this is getting long, and I’ll get to the rest of my questions quickly, I promise.
Along with the Petition for Modification of Child Support, there is another long list of lies. He has asked, and again I’ll quote from the paperwork, “Comes now, *name removed*, and prays that, Your Honor, to please force Petitioner, *name removed*, produce the following information and records”. I’m not going to list everything he has asked to see, but my point is he used the word ‘force’ in his request to the judge. In the actual Motion to Produce, it states “pursuant to Indiana Trial Rule 34 requests the Petitioner * to produce the following information and records.” My question is; am I required to provide everything that he has requested. Like I said before, I am willing to provide what he needs, and I don’t think he needs my bank statements & income tax returns from the last three years when the child is only 18 months old, and I don’t think he needs any and all loan, lease, and mortgage applications made be me.
He says he has found inconsistencies and that he needs all this information to get a proper amount set, but isn’t that the courts job? What steps can I take to request information from him, such as his unemployment amount, and how much child support for his other children he is ordered to pay? At our first hearing, the judge did not ask for proof of any of that, she only asked us how much and took our word. Unless they have ways of verifying that, how do they really know if we are telling the truth?
A court hearing has been set for August. What kind of information should I be taking with me? I want to make sure I have everything I need and am well prepared.
I know this is long, but I needed to get the whole story out. Any answers, suggestions or support is very much appreciated.

