When the divorce process is started, the first steps often deal with child issues-custody, parenting time, and child support - if applicable. The next steps then involve finances-living expenses, debt, and bill payments. Sometimes the reverse is the case in order of importance. The following are the top ten documents to have, or have access to, to help move your case forward in most divorce cases: Bank account and retirement statements: Bank accounts will generally be the places where money is immediately available and are the funds able to be used for current necessities. Be sure to have all passwords ...
Tag: health insurance
January 22, 2018CD
The Indiana Supreme Court has adopted the Indiana Child Support Guidelines as a tool to assist in determining the correct amount of child support based upon a duty to support a child, using the financial resources of the parties, needs of a child, and the standard of living the child would have enjoyed had the parties remained together. In any case there are certain events that can trigger the need to modify the court ordered child support amount. The most important thing to remember when considering filing for modification and when same should be done immediately, is upon certain triggering ...
July 19, 2016Adam Hayes
Most marriages last at least a few years if divorce is in the cards. Most litigants see obtaining the divorce decree as about the final step in that hard process. However, to have the best chance of returning your life to the closest place it was pre-divorce, a great deal of work needs to occur post-divorce. First, make sure at the time of the divorce, key policies and protections don’t lapse like health insurance, auto insurance, and life insurance. Between changes of address and mail rerouting, this is easy and having an uncovered auto accident just makes healing from the divorce ...
May 31, 2016Adam Hayes
Most lawyers get involved in a case and begin representing a client when their life is in a state of confusion, falling apart, and emotionally obscures what the client wants to accomplish. If you face divorce, there are several constructive steps you can take to aid your lawyer in helping you work through the process and figure out your legal objectives. The five types of “things” you can gather to aid your lawyer in beginning your divorce are as follows: Last six pay stubs. Last three years tax returns. List of all of your bills (who you owe and how much), such as credit ...
June 11, 2015Adam Hayes
In divorce cases, it sometimes takes a long time for a case to be made ready for trial and a divorce decree entered. For instance, the value of a family business may be in question or the custody of the children. Often times, “discovery” is conducted, which may be a business valuation on a family business or a custody evaluation making recommendations to the trial court about what custody arrangement between the parents is in the children’s best interests. For this reason, the parties are in legal “no-persons land” where each are equally entitled to the custody of the children, use ...
April 21, 2015Adam Hayes
In a domestic law matter, often, child support is one of the main issues that parties disagree about. Who will pay? How much credit will be given? In Indiana, child support is based on a formula, and once the required numbers and information are placed into the worksheet, the total for child support is calculated and determined1. The Child Support Rules and Guidelines provide for a division of many of the expenses. For example, the health insurance premium for the minor children only is a factor in determining child support. Whichever party is paying the health insurance premium (or if the ...
January 8, 2015CD
When determining an amount for a party’s child support obligation, a formula is used. It addresses expenses such as health insurance premiums for the children, daycare, and overnight parenting time credit. But, what number is used as a party’s “income”? Income for child support purposes is weekly gross income. Gross weekly income is defined as follows by the Indiana Child Support Guidelines: “actual weekly gross income of the parent if employed to full capacity, potential income if unemployed or underemployed, and imputed income based upon "in‑kind" benefits.”1 The Guidelines go on to offer other clarifications and included income. What all is included ...
July 31, 2014CD
While every divorce case is unique when it comes to property, assets, debts, incomes, child custody, and parenting time, in each of these categories, courts have a starting point, and lawyers will help to you to argue your position and move off the presumed starting place. 1. Property (assets and debts): The Court presumes that of all property owned by the parties either before or during the marriage will be divided 50/50. There are exceptions to this general rule, including situations where one party entered the marriage with substantial property acquired years before the marriage, or one party makes substantially less income ...
May 27, 2014CD
Getting divorced can be a long and arduous process for both parties. The decree of dissolution divorces the parties, but still leaves many things left to do. The dissolution is a shift in the relationship between the parties, but not the end of the relationship all together. There is still communication that needs to happen. Sometimes important matters are forgotten or postponed, causing small to major problems in the future. Here are some common examples: QDRO In dividing marital property, the retirement accounts of one or both parties may have been divided by agreement or the Court. To achieve this division, a ...
May 13, 2014CD
Upon a finding of paternity or dissolution of marriage, child support calculations are one of the first orders of business for many parents. Determining who will have custody and how much support will be paid are determined, as family law matters are, by what is in the best interests of the child. Child support is calculated using a specific formula, which takes into account many factors, including the gross weekly income of the parents, weekly work-related child care expenses, subsequent and prior children, and weekly health insurance costs for the child(ren)1. The calculations are determined by the Indiana Child Support Guidelines2. One ...
May 7, 2013CD