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Clerk of the Court

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1. What happens if I miss my Court date?

Court is not an appointment that can be missed or rescheduled. If you miss your court date for a criminal case, a warrant may be issued for your arrest. If the hearing is not a criminal matter, you will likely lose the case by default. If you have a serious reason why you cannot go to court on the assigned day, please contact the court in advance of the date. Some of the courts in Tippecanoe County require you to request a schedule change in writing.

2. Are there forms on the website to lower or increase the amount of child support?

Not exactly. There are forms on the site to modify child support. Whenever the court considers the issue of support, it takes into consideration all of the relevant information of both parents to calculate the appropriate amount of support. Just because one parent gets an increase in income, or loses a job, the court has to look at the income position of both parents, and there may not be an automatic reduction or increase in support. When support is modified, both parties should be prepared that the support could go up or down.

3. Where are the forms to change a child's name? I see the ones to change an adult's name on the site, but not one for children.

There are no forms on the site to change a child's name. You do not need an attorney, but you will have to read the Indiana Code section 34-28-2-2, and follow the instructions there. You can find the Indiana Code on the Internet or on the State's website and look in the "law library" link for the Indiana Code. State of Indiana Website

4. Why can't you give legal advice?

It would be a conflict of interest for someone within the court to give legal advice, and then have the case potentially end up on the Court's docket. People who access the site and inquire about legal information are given direction, like how to access the law or statute that may apply to their situation, which forms to use, or what source to access for direction, but legal analysis or strategy is left to the individual.

5. Which forms do I use if I want to get a divorce and we have assets, but no children?

You can use the forms for dissolution with children, and disregard the questions and information that relate to children.

6. I want to file for a divorce but I cannot afford the filing fee. Is there anything I can do?

You can petition the Judge for a fee waiver.

7. My spouse and I agree on everything. How fast can we get our divorce over with?

According to the statute, your divorce has to be properly served on your spouse, and then you have to wait sixty days before the court can grant your divorce. Once the sixty days have passed, you may file a waiver of final hearing or you may request that the court set the date for the final hearing. Not all Judges are willing to waive the final hearing, especially if children are involved. Check with the court in which the case was filed.

8. I would like to file for a guardianship, but I don't see the forms to do that.

A guardianship is a unique custody relationship and it would be difficult to have a common form on our Self Service website that everyone could use. If you believe that an older adult is being victimized, please call Adult Protective Services at 765-420-1588. In most cases, it is important to have the services of an attorney if you are seeking guardianship of an adult.

9. Can I follow my case on-line?

Yes, you can do so via our online search at Mycase.in.gov. Put in your first and last name; then click on the case number. The case summary will have a record of all of the actions on your case.

10. Where are the forms to modify custody?

We don't have those forms. Child custody is different for every family, so it would be difficult to have one form on line that would work for everyone. You will have to create a petition to modify support on your own and file it with your county clerk. Your petition should look like a court document, so you should use one of the court forms you already have relating to the child(ren), and make yours look like it. You should explain to the court in short, simple sentences what the situation is right now and how you would like for it to be. Your must also explain that the change in custody that your suggest is "in the best interest of the child(ren)" because that is the same standard that the court will use to determine if the change is appropriate. You can look at the other forms on line, like the motion to modify child support, to get a sense of how to set your document up and how to say what you want to say. You will need to file the petition with the court and you must also provide a copy to the other party.

11. I just had a baby and the father is not paying child support. What should I do?

If you were never married to the child's father, you must first establish paternity. You may qualify for assistance from the Tippecanoe County Child Support Prosecutor's office.

Paternity actions that are initiated by an individual or a private attorney are filed in Circuit Court.

12. What should I do if my child's name is wrong on the birth certificate?

You should first check with the Tippecanoe County Health Department 765-423-9221 to see if it is an error they can correct. If they cannot correct the error, you have to get a court order to change the name, so you would have to petition the court for a name change (see Indiana code 34-28-2-2 for instructions). With a court order, the Health Department can change the birth certificate.

13. Is there somewhere I can call about how to calculate child support?

Yes, you can call the child support hotline at 1-800-840-8757, or you can call the Indiana Judicial Center at 317-232-1313 and someone will assist you.

14. What can I do if I suspect that a child is being abused or neglected?

You can call the child abuse/neglect hotline at 1-800-800-5556.

15. How can I get a Guardian Ad Litem (GAL) or a Court Appointed Special Advocate (CASA) appointed or removed from a case?

Only a judge can appoint or remove a GAL/CASA, so you should make the request in court. It is not in the authority of the Division of State Court Administration, DCS, or any other entity to appoint or remove a GAL/CASA.

16. I have some questions about how to interpret the parenting time guidelines. Is there someone who can help?

Yes. If a lawyer does not already represent you, you can call the Indiana Judicial Center. The number for the Judicial Center is 317-232-1313.

17. My mortgage is about to be foreclosed on. Is there anyone I can call for assistance?

You can visit the website for the Indiana Foreclosure Prevention Network or by calling (877) GET-HOPE between 8:00am and 8:00pm any day of the week.

18. My roommate didn't pay his rent, so I shouldn't have to pay his share, right?

If the lease is a joint lease (most are) it is a partnership and both tenants are jointly liable for the full amount. If you paid all of the rent, you may have the right to sue your roommate for his share.

19. If there is a judgment against two of us, we each pay half?

Judgments are usually "joint and severable" which means the plaintiff can collect the full amount from either defendant. If a defendant has had to pay more that his/her share that person can use legal proceedings in that action or a new case to try to collect from the other party.

20. Our divorce decree says my ex-spouse should pay this bill, so why am I being sued?

The Plaintiff (the person to whom the debt is owed) is not a party to the divorce proceeding and is not bound by the decree. The decree establishes rights between the parties being divorced that can be enforced in the court having jurisdiction over those parties.

21. There was a default judgment entered against me, It should not have been entered; what can I do?

You can file a written motion with the court ( form available) to "Set Aside a Default Judgment". It must show two things (a) the judgment should not have been entered because the defendant did not receive notice of the hearing or some other good reason; and (b) The defendant has a good faith defense.

22. How do I file a motion?

All motions should be in writing, clearly stating what you're asking the court to do in a title and stating facts to support the motion. The motion should be signed and include your address. At the top of the page, it should show the case caption. A copy of anything filed with the court must be served (sent ) to all other parties, and it must be certified (listed under oath) on the bottom of the motion that the copies were mailed and the date they were mailed.

23. I paid my judgment in full but it still shows I owe it on the credit report. How do I clear it off my record?

Once a judgment is paid in full (including any court costs and legal interest), the Plaintiff will file a "Release of Judgment" through the Clerk's Office. You will be sent a copy of the Release of Judgment . This is an important document, so make sure that you keep it.

The Clerk's Office provides information on release of judgments to credit bureaus. If the credit bureau has not shown that the judgment is released (after a reasonable amount of time), you will need to contact the credit bureau.

If the plaintiff refuses to file a release of judgment, the defendant can file a motion with the court to set a hearing to determine if the court should order the judgment released. Failure to properly release a Judgment is a separate cause of action or separate law suit.