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What can i do if the father of my kids isnt paying his child support and my lawyer isnt doing anything about it?

Lake Station, IN |

He owes more than 20 weeks. He has payed 5 checks only. Last time was almost a month ago and he is supossed to pay every week. My lawyer suggested we give him a chance to pay. And i have been waiting patiently but time keeps on passing by and nothing. This was almost 2 months since we were going to give him a chance. And now my lawyer wont return my phone calls and wont see me without an appointment what can i do?

Attorney Answers 2

Posted

You can file a rule to show cause in your existing custody case. This essentially summons him to court to explain why he should not be held in contempt for failing to make payments as ordered.

Alternatively, you can call you local county prosecutors office and ask for the child support division. They may be able to enforce the existing support order through the Title IV-D court.

In either method, you may be able to get an income withholding order and have the payments come right out of his paycheck if he's employed.

This answer is for informational purposes only, and it not intended to create an attorney-client relationship. I've had only the limited amount of information provided in the question from which to form an answer. Your best course of action is to set up a formal consultation with a qualified attorney in your area.

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Jerome L. Ezell

Jerome L. Ezell

Posted

I agree with attorney Sokolowski's comments. Additionally I would add that it is not unusual for an atty to request a client to make an appointment to speak with the atty. I suggest you make an appointment and if you and the attorney disagree on the method of enforcement then perhaps you can request the atty to remove her/him self from the case and if you cannot afford to hire private counsel, contact the Lake County Prosecutors IV-D office and see if you meet the criteria for Prosecutor's representation. The number is 219 883-3333

Posted

I agree with my colleague Mr. Sokolowski, I only write to point out that many lawyers will ask you to make an appointment because they are busy and need to be able to set aside the time to meet with you at a specific time when s/he knows you are coming so they have your file ready to review with you. All of the things mentioned in Mr. Sokolowski's post should be done by your lawyer to avoid errors. If you are not happy with the way your lawyer is representing you you can fire him/her and find new counsel.

Best of luck!

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