Indiana Child Support Case Criminal Charge

March 10, 2011

Indiana law about missed payments for child support indicates that a Class C felony charge can be submitted to the court is missed payments are in excess of $15,000, including one or more children. Such was the case recently for an Elkhart County Indiana man after a long battle. In this case, the father had moved to California following his divorce, but maintained joint custody of his children with his former wife. In 2001, the mother secured sole custody of the children. Yet, the ex-husband challenged the decision and a lengthy custody and support battle began.  During this time, the father did not pay child support and sought after assistance from federal courts. Soon, the Indiana court filed charges with two counts of Class C Felony against the father for unpaid child support in excess of $17,000. This decision was based on the Indiana Code Section 35-46-1-5(a).

In 2009, the father was arrested in California and extradited to Indiana. He was then placed in prison and attempted to represent himself as his own legal counsel. He experienced emotional issues during imprisonment which prompted the court to appoint a guardian ad litem to represent his interests. During an illness that the father suffered while in prison, the court held its final hearing about the case. The court decided to remove his second count for Class C felony nonsupport, but gave him a five-year sentence for the first count.

This is one serious example that indicates parents must pay child support. The risks associated with unpaid child support often become a reality for parents who do not pay child support. Indiana court systems may seem to work slowly, but eventually their work does catch up to people who do not abide by Indiana child support laws.

There are times that you can engage the courts to ask for assistance through difficult times, such as, financial hardship. In some cases, the courts will assist. Yet, every item relating to court situations must be seriously considered and addressed as the situation arises.

If you, your family or a friend have suffered serious harm and need assistance in asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

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