Most seasoned family law attorneys have consulted with divorced parties who learn after the divorce, that a spouse did not disclose assets. These potential clients want to know what, if any remedy, they have in pursuing their share of that asset. The threshold issue is to determine from a cost-benefit analysis if the fight is worth your percentage of the non-disclosed asset. If the account or asset is only worth a few hundred or thousand dollars, then the legal fees and emotional grief related to litigation usually are not worth the fight. On the other hand, if the secreted asset ...
Tag: education expenses
June 4, 2020CD
All issues involving child custody and child support have significant social, political, economic and psychological dynamics operating within the legal system and controlling laws. Two key policies that support the law is to maintain the child with a style of living as if the parents were married and meet the child’s best interests. In the very broad area, this blog post explores three trends that are slowly changing domestic law across the country: joint custody, child support ending at age 18, and third parties obtaining custody. At present, the parent who is not awarded physical custody is given parenting time (overnights) ...
July 7, 2016Adam Hayes
Indiana law changed several years ago to terminate a parent’s general duty to pay child support at 19. However, this law left in place language that allowed a trial court to have the discretion to award higher education expenses.1 Courts frequently award such colleges expenses. This has been subject to great debate among Hoosiers as many states end all support at or around 19. The reason age 19 is part of many statutes is because a senior in high school may turn 19 during his or her senior year. In Indiana, SB 109 was introduced in the most recent session of the ...
May 12, 2015Adam Hayes
As of July 1, 2012, a new statute regarding emancipation of children for child support matters went into effect. Previous blog posts have examined the intricacies of the new law, and some cases after its inception. However, recently, the Committee that helped enact the new law is taking a second look at it. The Child Support and Custody Advisory Committee met Tuesday, October 2, 2012 to discuss the recently passed and enacted law1. The main concern seems to be that children, under the new law, may miss out on educational assistance from one or both parents by failure to request same under ...
October 23, 2012CD
A topic Ciyou & Dixon, P.C. has blogged about before is the new emancipation statute effective July 1, 2012, the new child support statute inIndianagoes into effect. However, there has been a recent case decided by the Indiana Court of Appeals which gives into how the Indiana Court of Appeals may view and apply this new law. To recap, the new child support emancipation differs from the current version mainly due to the change in the child’s age to terminate child support. Under the current (soon to be old law) children generally receive child support until they turned twenty-one (21). Under ...
June 14, 2012CD
Starting in July 1st of this year, the age children are emancipated for the purpose of child support will change from 21 to 19. With the enactment of this new law, there will be a transition time where attorneys advocate it meanings, and the trial court and ultimately Indiana’s appellate courts agree or disagree to give it legal meaning. The scope and limits of this new statute are undetermined at this time. One of the main topics addressed in the new statute is education. There is a specific exception for educational expenses to be allowed to continue–after age 19-- by order ...
May 1, 2012CD