Any lawyers know why the Indiana Child Support Law doesn't seem to be in the...

candyman1378

New member
...kids' best interests? Hello,
I am hoping someone can help me get this information to the right person so I can find out what the real outlook will be...maybe children's advocates or some lawyer with a lot of expertise in this area....
Here is my story
I live in Lake Co. IN. I have 4 children (13/12/8/8). The older two have a different father whom I allowed them to live with for 4 yrs because he had a lot more money and I wanted to try to build a foundation for us and get on my feet (which is almost impossible here with their guidelines for help). For the 1st 2 yrs all was great. I was always with them and their dad told me not to worry about the 25.00wk payments cause I was always trying to buy them what they needed when I had an extra buck. Then he met someone and disappeared for over a year. 1st I tried to find them on my own, no luck. Then legal aid, denied for lack of abuse. Then pro se (finally after 3 petitions and almost 9mths I got a court date). Go to court and his lawyer changed it from my petition to where the papers said "failure to pay support", I request a g.a.l. for my kids based on what happened and the GAL said that my kids were being brainwashed and I needed to get them back, he gave me pro bono's info cause he said I was getting screwed in court. Took a long time for all of this...Now in June 08 my son says he wants to stay with me, dad and I agree, son stays. Dad says lawyer will draw papers, meantime here is letter for school, etc...
We went to court for the child support (which was now in a separate court) and I tried to tell the judge about the arrangement and was told to "shut up and listen or go to jail" that he didn't give a "damn" about what I had to say. (magistrate not judge). Appointed a pauper atty who never filed modification for me..finally pro bono comes thru. We start trying to get it together and spend a lot of time with continuances and status hearing that never accomplish anything. Now in june of 09 my daughter decides to stay with me as well...dad agrees.
Here is my problem. I have been paying child support (25.00 current plus some on the arrearage every week), if you calculate by removing my obligation from when my son moved in and then calculating my obligation and his obligation (split custody) from july 08*-june 09* and then tallying his current support the amount exceeds my arrearage by more than 5000.00. The worst part is that they finally issued a order from our mediation hearing ordering them to stop taking support from me 9/9/09 and they have yet to cease. I called the child support division, faxed them all the copies, but NADA...They won't return my calls now (originally they actually said I was wrong and called me a liar)
and I am still paying. I have all of 12.00 to my name. I work part time, attend IUN full time, and let me mention that their dad has seen neither of them since they moved in with me again. He just refuses. Then he dumped all their broken toys on my mothers porch in garbage bags. He kept all their video games, their ipods, etc.. and refuses to return them. He stole their cash from their birthday cards, and spent the bonds their uncle bought them for holidays.
My lawyer tells me I am screwed cause in Indiana the support order can only be modified back to the original date of FILING for custody modification. I submit that since he wrote a letter in August of 2008 acknowledging the change it should go at least that far. I believed him when he said his lawyer would do the papers. When I realized he was lying I began to try to do it pro se and was denied for faulty wording 2-3 times before I got the pro bono atty. Isn't there anything that can be done to help me? I am so far in debt because of this it is unreal. I lost my apartment and moved back with my parents, my car is falling apart because I can't even afford to replace the tires when they go out, my kids are wearing holy clothing and aren't getting halloween costumes. Yet their father has been to NY 2x since June of this year (to take his new stepdaughter to college and then to visit her), he bought a motorcycle, went to Las Vegas, and has not contributed one cent to our kids.
Oh and as for the father of the other two....he was released from prison in Feb 09 and I want to sue him for his rights as I found out thru law enforcement that he was not at all who he claimed to be and therefore I am not currently receiving support from him.
I really hope someone out there can help me.....
My pro bono atty is nice enough but he already threatened to withdraw twice and he doesn’t seem to know much about this area. I am terrified about what will become of us if this isn’t fixed
 
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