Results 1 to 10 of 10
  1. #1
    Join Date
    Jul 2009
    Posts
    4

    Arrow Opposing a Petition to Modify Support

    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.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Serious Drama in Need of Serious Answers

    Serious answer: Hie thee to an attorney as fast as you can. Pretty sure he doesn't have standing to ask for any of those documents, but you'll want to check with an attorney. Even if all you can afford is a brief consult!

    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?
    The best answer we can give you is "Maybe". We don't know how the judge will rule.

    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?
    Yes, it's the court's job, not his. He doesn't have an attorney, does he?

    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?
    Go back up to the Serious Answer: retain counsel and have the information subpoenaed.

  3. #3
    Join Date
    Jul 2009
    Posts
    4

    Default Re: Serious Drama in Need of Serious Answers

    Thank you so much for your reply!

    I am considering an attorney, but wanted to come here and get suggestions, thoughts and ideas from others first.

    No, he does not have an attorney. He is representing himself.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Serious Drama in Need of Serious Answers

    No, he does not have an attorney. He is representing himself.
    Classic "fool for a client".

    An attorney is never a bad idea. And in your ex's case? Could have prevented him from looking really, really foolish.

  5. #5
    Join Date
    May 2008
    Posts
    582

    Default Re: Serious Drama in Need of Serious Answers

    If you contact your local or state bar association you can ask for a referral. Ask for a board certified family law attorney with lots of experience. Most will give you an initial 1/2 hour consultation at a low cost.

    Anyone can file lawsuits. But they will have to convice a judge that they have a case through real evidence. I can see where this has beaten you down, I've been there and am still going through it.

  6. #6
    Join Date
    Jul 2009
    Posts
    4

    Default Re: *New Information*Opposing a Petition to Modify Support

    Things are getting out of hand. Just a few minutes ago, while I'm in my office working, a police officer comes into the office and says he received an anonymous call that someone working at my location driving a certain type of car, which was my car, was leaving her children in the car during the day while working.

    I calmly explained the situation I'm going through with the officer and he was very understanding. I offered to let him inspect my car and even call the daycare to confirm they've been going there every day. Obviously, he said that wasn't necessary, and that he already peeked inside my car windows.

    How far does this have to go before there is something I can do about all the lies? Not only is he making my home and personal life stressful, but now he's brought it to my job.

    Is there anything I can do about what just happened? Even though the call was anonymous, can't someone get in trouble for filing a false report like that?

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Opposing a Petition to Modify Support

    How far does this have to go before there is something I can do about all the lies? Not only is he making my home and personal life stressful, but now he's brought it to my job.
    File for a restraining order.

    Is there anything I can do about what just happened? Even though the call was anonymous, can't someone get in trouble for filing a false report like that?
    Only if you have proof of who filed it.

  8. #8
    Join Date
    Jul 2009
    Posts
    14

    Default Re: Opposing a Petition to Modify Support

    If he filed for the modification why is he calling you the Petitioner? You would be listed as the Respondent on the papers????

  9. #9
    Join Date
    Jul 2009
    Posts
    4

    Default Re: Opposing a Petition to Modify Support

    Quote Quoting dcunicorn12
    View Post
    If he filed for the modification why is he calling you the Petitioner? You would be listed as the Respondent on the papers????
    I'm not sure. I'm not too savvy on all the legal talk, but maybe it's because I'm the one who started the paperwork for child support in the beginning?

    Anyway, I think there are bigger issues here, in my opinion...

  10. #10
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Opposing a Petition to Modify Support

    If he is calling you the Petitioner, it likely means that he has reopened the original case. Look into Legal Aid. If you make below a certain amount of money, they will help for a reduced or even free legal fee.

    Next time an "anonymous" complaint is made to harass you, ask the officer if you can file a report, and state all of the things he is doing. Maybe you can't PROVE what is going on, but it may let you have something on fie.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Support: Non-Custodial Parent is Seeking Legal Fees for a Petition to Modify Support
    By Motherupset in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 03-19-2016, 03:41 PM
  2. Modification of Support: Responding to a Petition to Modify Support
    By Nixon2 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-06-2014, 06:03 PM
  3. Modification of Support: How to Petition to Modify Child Support in California
    By ChopChop in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 02-19-2014, 07:50 AM
  4. Support Arrears: How to Respond Pro Se to a Petition to Modify and Abate Child Support
    By StandingStronger in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 06-19-2013, 07:57 PM
  5. Modification of Support: Do You Adust Support With a Motion to Modify or Supplemental Petition
    By Pseudonym in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-01-2013, 09:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources