Most of us will have multiple jobs during our work career. The days of starting, working for and retiring with a company are mostly past. For divorced parents or those who have children born outside of marriage, a move for a job, new relationship, or the myriad of reasons, the move is more complicated because of Indiana’s custody relocation status. This requires these parents to provide advance notice of relocation or face legal consequences from payment of legal fees to loss of custody. This blog addresses four little-known details or considerations relevant to custody relocation you must know. First, both custodial and ...
January 16, 2019CD
Jobs and relationships (significant others) are in a constant state of change in today’s digital world. However, in cases where two parents share custody or one has primary custody and the other parenting time from a divorce1 or paternity order, a relocation of any significant distance can create a potentially significant issue for parenting by the non-relocating parent. Where the custodial parent is the relocating parent, if challenged by the remaining parent, the relocating parent must prove the relocation is made in good faith and for a legitimate reason. This blog presupposes a relocating parent can meet this burden; and ...
June 27, 2018CD
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 ...
December 28, 2017CD
From time-to-time, we all hear news stories about large weekly or monthly alimony awards provided to a spouse during and following divorce. The point behind alimony is to maintain that spouse and/or children in a lifestyle similar to what they had been living after a divorce is final. However, every state has different divorce laws and policies, including Indiana. This blog covers what you need to know about “alimony” at and after a divorce in Indiana. As an initial matter, you should know that Indiana does not have “alimony” as you might envision the concept from what is sometimes heard on ...
December 28, 2017CD
Many divorce actions are highly contentions because emotions are high and feelings are hurt. When a relationship ends, there are often feelings of abandonment, anger, mistrust, and sadness. Divorce is not only a business / legal proceeding to divide the assets and debts and determine custody of the children; it is a grieving and healing process as well. Often litigants, in attempts to “win” or get their spouse back for the hurt that is caused, will bring personal matters into the arena of the courtroom. Many of these issues, which can be legitimate, will affect a parents’ ability to obtain ...
August 19, 2014CD
During a divorce or separation proceeding the issues of custody, parenting time and child support are determined, if not by an agreement approved by the court, than after a hearing. Child support is the duty of both parents. In practice, child support is generally paid by the parent who does not have physical custody (non-custodial) to the parent who was awarded physical custody. This occurs because the noncustodial parent is typically awarded parenting time and given a credit against his or her child support obligation. In addition, there is a presumption against “negative” child support, meaning the custodial parent pays the non-custodial ...
April 19, 2012CD