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Paying Child Support to a Spouse?

Posted by attorney Jeffery Haupt

In many instances paying child support is something most people expect. If you are divorced and have children then usually someone is paying child support. If you have a paternity case and the child is born out of wedlock you typically have a child support order associated with that case. What about situations where the mother and father are married, but living in separate households? You may be surprised to learn that a child support can still be entered against the non-custodial parent in this situation.

Indiana Code 31-16-2 provides a set of rules as to when child support can be entered. The actions are specifically for child support, so in a situation where the Title IV-D Child Support office may be bringing the case, the Court will not address issues that may be more related to a divorce or legal separation.

The basis for allowing child support orders comes from the natural law duty of a parent's obligation to support their child. So if you are in a situation where you are currently married, but one parent is outside the house, then there could be a situation where child support may be ordered by the Court.

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