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pink132 · Nov 21, 2008, 01:16 PM

I went through a nasty divorce, I'm from Indiana and we got divorced in olahoma, but I had to move where I had support. He had it where I couldn't take the kids out of state. Any way I paid my child support but it is set at his income. I can barely live, so I am going to school full time, but now I've been charged with felony child support. What can I do?

Fr_Chuck · Nov 21, 2008, 01:38 PM

Ok, let me see,

You got divorced, You orgainally had custody of the kids, but since you were not allowed to move out of state with them ( and did not go back to court to try and be able to move? )
You gave him legal custody of the kids in court. So now you owe child support.

But why is it set on his income, when you moved and gave him the kids, you would have went to court, gave him custody though the courts and had a new child support order set based on your income??

stinawords · Nov 21, 2008, 02:17 PM

I too am having trouble understanding what went on so that the support order that you have is based off his income. Support orders are based off the payors income not the payee's in some states the payee's income is part of the euation the bigger part is always the payors income.

stevetcg · Nov 22, 2008, 06:37 AM

The way I read this is that OP won custody and was getting CS but couldn't stay in state so gave the child to the father and just flipped custody for payments.

Sounds like a court might not have been involved in the custody transfer.

christielmink · Nov 3, 2011, 03:51 PM

If the support is based on his income,you need to ask for a wage adjustment.They will review your income and base the support on the findings of that.It should never have been based on any other income than your own.You can ask for this kind of review or a dispute hearing request at your local child support office.In my state you can do this every two years.

JudyKayTee · Nov 3, 2011, 04:08 PM

Originally Posted by christielmink

If the support is based on his income,you need to ask for a wage adjustment.They will review your income and base the support on the findings of that.It should never have been based on any other income than your own.You can ask for this kind of review or a dispute hearing request at your local child support office.In my state you can do this every two years.

You are incorrect - here is the calculator: Indiana Child Support Calculator

I realize you have been convicted of felony failure to support in Indiana. All States are NOT the same.

It is not "every two years." It's whenever there is SUBSTANTIAL change in circumstances.