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.
Criminal Defense Attorney