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Court ordered ex-wife to repay overpaid child support during termination of child support hearing. How can I make her pay it?

Noblesville, IN |

I filed for emancipation in July. Due to attorney conflict the hearing wasn't until October. At the hearing emancipation was granted as well as the judge ordered repayment of child support from the July filing date to the hearing date. I told the judge I would accept payments of $100 per month for the next 16 months which he granted. She was ordered to pay the $100 per month as well as return any check she would receive before the IWO was terminated. She received one check before it was terminated and she did not return it. Also she has not sent me any payment as she was court ordered to do.

Would she be in contempt of court if she never repays? Also, is there anyway to recoup what she owes me? We both live outside Indiana in different states.
Do I have any recourse? We have no contact.

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Attorney answers 1


This will be difficult and an attorney will probably cost more than you will receive. You need to take the judgment and record it in the State she lives in now and then have a court hearing or obtain a wage assignment if you know where mama is working.

My name is Stephen R. Cohen California State Bar #60834, fax 1-888-958-5642, cell phone for appointment only 213-819-1171. I primarily practice in Los Angeles and Orange County but have been admitted other states and countries Pro Hac Vice. I have practiced extensively in Family Law, Criminal Law, and Personal Injury and have forgotten how many trials I have been in. I like to listen to my client's recitation of their version of the facts, and their desired outcome--then pose questions to them to determine the viability of their case and their personal ability to testify. Then I decide if I will take their case (I hate Losing). If I do not want to take your case get a second or third opinion sometimes I am wrong, or we just do not have the chemistry to work together. My hourly rate is $400 plus costs, travel and lodging expenses. I take no contingency fee cases under $500,000. The answers here do not create an attorney-client relationship obviously I would spend a great deal more time with a client even on a small matter.
Of course, but some attorneys also advertising (by posting answers) have called me a blatant and unabashed attorney and after thirty eight years of practice all I can reply is "they can kiss my ass".

Some of the questions lack much detail that would be fleshed out in an extensive office interview and this must be pointed out. Further some of the questions reveal a bias on the questioner's behalf. People and Judges (a few) would benefit from thinking what this looks like from the other side (the opposition) and the Judge's view before firing bullets which may cause self-inflicted wounds such as a irritating the judge or looking foolish. Self-inflicted wounds are the worst and most embarrassing!

Why are attorneys afraid to advertise their hourly rates? Which attorneys can do in 4 hours what I accomplish in 1 hour? Prospective clients might ask that as well. And always leave an attorney's office who promises or guarantees anything as they are either stupid or lying or both. Often times at trial partys and witnesses change or add or forget testimony or there may even be new parties added. Going to trial is like throwing dice, 7 is most often, but there are other combinations and an experienced attorney can only give an educated guess!

Very truly yours,

Stephen R. Cohen

Angela D Curtis

Angela D Curtis


I am not licensed to practice in Indiana, so you will need to consult with an Attorney in Indiana, but I would think you'd also be entitled to Interest on the outstanding amount owed. I agree with Mr. Cohen... you'll spend more in Attorneys Fees pursuing and proving up contempt charges & I'm not familiar with Indiana laws as to whether or not you'd be entitled to recoup those attorneys fees or not. Your best bet is to record the Judgment in the State in which she now resides, levy her bank accounts and garnish her wages. Good luck!

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