Indiana CS Mod question

[southernfury01]

I am a NCP in IN and have 2 children, Son 16 & Daughter 19. Daughter graduated June 2005 & did not enroll in any secondary school.

I file a petition to emancipate in shelby county with hearing set for Dec 23, 2005, on Dec 22, 2005 daughter signed up at Ivy Tech for a 2yr AAS degree but was not legally enrolled due to tuition not being paid.

At that time i had sent the CP a request for production of documents for wage info, and enrollment info which she ignored. I then sent a second request, which she ignored.

Had the hearing, Judge denied emancipation on grounds that she lives at home.

I then filed a CS Mod petition, and a motion to compel production.

motion to compel was granted, and she had 10 days to comply. Hearing on CS mod was set for Feb 13, 2006.

She ignored the Order compelling her to give me the documents, I then filed a rule to show cause which court set to hear on feb 13th also.

In response to the Rule she hired her old attorney back and they filed for continuence which was granted and continued till March 21st, and a motion for an Educational Support Order.

But in the motion it is asking the court to "convert" the CSO for the daughter to an ESO, and to Mod the CSO for the son.

1. Can they convert the support order since she is not 21, and if so does that emancipate her.

2. Would it be better to object to the motion and try to keep her under the CSO.

Any help is appreciated

[hoosierpapa4]

(text deleted per mandatory forum guidelines)

Check out:
http://www.in.gov/judiciary/

There is a wealth of information there.

[socrateaser]

...it's also the unlawful practice of law, because you are applying law to facts and offering a legal opinion. So, I cannot leave your post as is, or I am helping you practice law.

If you wish to communicate this info to the poster, please send him an email.

[southernfury01]

Well i have been all over http://www.in.gov/judiciary/ and can still find no answer to the question:

Can a support order be converted if the child is still a minor and has not been emancipated?

I have reviewed hundreds of cases and have yet to see a case where it was converted before the child has reached the age of majority. Indiana law is vague as to weather this can be done.

Child support guidelines and the worksheets only allow for a post-secondary order but that is included with regular child support, not seperate.

[socrateaser]

>Well i have been all over http://www.in.gov/judiciary/ and
>can still find no answer to the question:
>
>Can a support order be converted if the child is still a minor
>and has not been emancipated?

It's a very narrow legal question relating only to ID law, and I don't have time to research the answer at the moment. If you have case law that goes both way on the issue, then why don't you post your legal argument and I'll tell you what I think.

Otherwise, I'm afraid you'll have to consult local counsel.

[hoosierpapa4]

I have sent an email to you with my email address.  If you would like to discuss this further, I would be happy to share my experiences with the Indiana Court system and some things that you might try in order to prevail.

[hoosierpapa4]

Thanks Soc, didn't realize that this was against the forum guidelines, nor did I recognize that I was offering a legal opinion.

I have been through a lot, learning it the hard way most of the time, and always willing to save someone else the same pain.

So, do you really agree with some of the points I made on the original post, and do you think that they might help?

Thanks.

[socrateaser]

You have the right idea. If I start telling you exactly what I think, then I'm helping you practice law on someone else. So, all I'll say is that your analysis was pretty good.

PS. pretty good analysis is enough to pass the bar in most jurisdictions.

[southernfury01]

Ok last question, since i have already been granted an order compelling her to produce document, and she ignored.  And i have since then sent her now attorney another request. which he is choosing to ignore.

1. Do i file another motion to compel with the court?

2. How many days do i have to give them to reply since i have already been granted the order the first time?

[socrateaser]

>1. Do i file another motion to compel with the court?

No.

>2. How many days do i have to give them to reply since i have
>already been granted the order the first time?

I would simply wait until the hearing, and then tell the judge that you never received any production per the order to compel, and that you ask the court (1) to impute the other parents income based on your reasonable estimates of the other parent's income (which of course will be as reasonably favorable to your position as you can possibily imagine, or in the alternative (2) that the court sanction the other parent the maximum amount allowed by law for every day that she has failed to produce discovery, and continue the sanctions until such time as she does produce, and that the matter be continued for 30 days, after which, if production is not forthcoming, that the court order the other parent jailed until such time as she agrees to produce the required documents.