In divorce and paternity cases, there are numerous state and federal laws requiring parents to pay child support for their children, and about as many laws for enforcement of court- order support obligations. In fact, failure to pay child support may cause legal penalties against you, ranging from losing a professional license to being found in contempt of court and ordered to jail. This blog covers four simple ways to avoid a child support arrearage and its legal consequences. First, some parents pay child support directly to the other parent. This is always a mistake. Child support not paid through the ...
Tag: indiana code
December 28, 2017CD
The benefit of a high net worth divorce is there is generally money to divide to allow the divorcing spouses to live a comfortable lifestyle after divorce; however, this type of divorce litigation often presents with the form of complex financial, tax, and legal questions. If so, these are necessary to be answered with relative precision before and at trial so the parties can best litigate their legal positions and the trial court has sufficient evidence to divide the marital estate in just and reasonable manner.1 This blog covers four of the challenges that routinely occur in a high-asset divorce, although ...
April 10, 2017Adam Hayes
Although in Indiana the current age of emancipation by statute is 19 years of age, meaning the age at which the duty for child support is terminated by statute, a parent may be responsible and have a duty to continue to provide educational expenses of a child enrolled in higher education. Pursuant to state statute, Indiana Code §31-16-6-2(a)(1), a court may enter an educational support order for a child’s education at a post-secondary educational institution. In a recent case the definition of the educational expense at a post-secondary educational institution became the issue. A trial court granted graduate school expenses and ...
August 27, 2015Adam Hayes
As the marriage debate continues, we continue to update the cases and related information regarding same-sex couples in Indiana. In the past few weeks, an update out of the Southern District of Indiana was issued, and it was held, as a preliminary matter, that Indiana must recognize the same-sex marriage of parties who wed in Massachusetts as valid. The Order on Preliminary Injunction (requiring Indiana to recognize the out-of-state marriage of the parties) was granted and Ordered on or about May 8, 20141. The parties, Niki and Amy, were married in Massachusetts and subsequently moved to Indiana. They have two (2) ...
September 25, 2014CD
In any custody case, either divorce or paternity, where there are minor children, generally the non-custodial parent is ordered to pay a weekly child support amount (there may be some rare circumstances where the custodial parent pays, or no child support is ordered). However, what happens after the court order is issued, and the parent obligated to pay STILL does not pay? These are 5 common tools used to collect child support. 1. Contempt. File a contempt action for non-payment. This often results in a court order to pay extra each week towards the arrearage, and some other sanctions, as the court ...
August 14, 2014CD
The Indiana Legislature has recently voted to amend the state Constitution to prohibit same-sex marriage in Indiana. This matter will not be voted on by the public for some time, but in the interim, there are lawsuits moving forward regarding the same-sex marriage ban Indiana already has in place (by statute and caselaw). Recently, four (4) lawsuits have been filed in Federal Court regarding Indiana’s ban on same-sex marriage. Indiana Code 31-11-1-1 defines marriage as between a man and a woman only and does not recognize same-sex marriages, even if valid in the state performed. The parties suing are alleging that ...
May 22, 2014CD
It is well known that legal lingo is not often the same as plain old English. If you are involved in a contested child custody case, either a divorce, post divorce, paternity, or third party custody action, you may have heard of what is called an “in camera” interview. Contrary to the plain meaning of the phrase, no cameras are actually used. An in camera interview is actually a meeting with the judge and the child, or children, of a custody matter, in the judge’s office (chambers) with no attorneys or parents present. In fact, the court is under no duty ...
September 26, 2013CD
In a divorce matter, child support and custody are often two (2) of the major issues being litigated or negotiated. However, while less common, determining spousal maintenance after the final decree is another common issue to be dealt with through the divorce proceedings. As discussed in previous blog posts, there is no “alimony” in Indiana. However, there is spousal maintenance, which provides for one spouse to pay support to the other in limited circumstances. Those circumstances are 1) if the spouse is mentally or physically incapacitated, or partially incapacitated, such that they cannot support themselves, 2) if the spouse is caring ...
December 20, 2012CD