Beware of “True Up” Provisions and Changing Child Support Formulas When calculating child support, complex mathematical formulas are utilized which take in account prior and subsequently born children, health care costs, and the number of overnights exercised by the parent paying child support, to name a few. These are constant considerations in virtually all child support calculations. Because the child support calculation formula is used to determine child support for numerous types of parents across many types of economic circumstances, it remains fairly general. Stated differently, the income, status, and finances of each parent is different, and as such, a basic formula ...
June 26, 2012CD
Parenting is a personal matter, with each family operating a little bit differently. Some families have a stricter disciplinary parenting style, while others are much more relaxed. Parents are given the general freedom to raise their children the way they see proper and fit. However, there are exceptions to encourage the mental and physical safety of children. Indiana law provides for protection of children through a number of statutes. There are child support statutes to ensure that children whose parents are separated are provided for financially. There are education statutes, requiring the education of children at an appropriate level. There are ...
June 19, 2012CD
When child support is calculated, there are a number of factors that are included or excluded based on certain formulas and rules. For example, and common, in determining the amount of child support paid, parents get credit for subsequent children, health insurance payments for the child(ren), and the number of overnights they have the child(ren). However, there are often many complex mixed fact/legal variables and questions in determining and arising in reaching the proper amount of support to be paid. For example, how do parents include bonuses that are irregular or Social Security benefits that they receive? These variables are explored ...
June 5, 2012CD
As noted in other blogs by Ciyou & Dixon, P.C., as the dynamics of a family shift, so do the legal issues facing the family. Often, child care and financial support is given by grandparents or other family members if the biological parents are either unable or unwilling to raise their children. Biological parents may place the responsibility in the hands of others to raise their children, and if this occurs, and the care giver meets the definition of de facto custodian1, they may petition the court for custody. In other words, with the right evidentiary showing (clear and convincing) that ...
May 31, 2012CD
The American Judicial System is generally based on the premise that each party pays his or her own attorneys fees unless there is a statute or contract that otherwise rules-in fact, this practice is known as the American Rule. However, there can be instances in lower courts where one party is able to recover attorney fees from the other. For example, in family law, if one parent has denied the other parenting time for no proper reason, it is possible for the denied parent to request and possibly receive attorney fees. The thought process behind this practice is that had it not ...
May 10, 2012CD
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
Relocation is a legal issue the custodial parent (although it does apply to non-custodial parents) often present Ciyou & Dixon, P.C. attorneys. Relocation is sometimes a financial necessity for work. Most adults no longer have a job for life, and custody relocation is often necessary to maintain or advance employment opportunities. Usually, there are other reasons associated with the desire to move, such as one parent has family in another state or a significant other. However, relocation is not a simple task in divorce and paternity matters, and these latter factors can obscure the case. There is the child and his/her ...
April 17, 2012CD
One rather complex issue is what evidence a parent has to put on at trial to receive more parenting time. Is this burden different from a physical custody modification since the net result can be deemed a change in how much time a child spends with the non-custodial parent, including more overnights, up to equal time? As advocates with a focus on education, Ciyou & Dixon, P.C. attorneys routinely go over these subtle distinctions with clients. We hope this blog post elucidates your view on these slight-to-major differences. Perhaps you cannot meet the burden to obtain a custody modification, but the ...
April 3, 2012CD
The laws of the state of Indiana give parents a great deal of latitude in the raising of their child(ren). In fact, the United States Constitution contains the fundamental right for biological parents–above others--to raise their children as they see fit: whatever their religion, morals, and values may be1. To third parties and outsiders, this is sometimes very hard to accept if they believe they could better parent. However, this fundamental right is not a blanket exception for parents to be neglectful or cause physical or mental harm to their children. Where the parents are divorced, there are a number of ...
March 29, 2012CD
Testing Reliability of Information: Stereotype Induction and Source Monitoring A common occurrence in domestic (divorce or paternity) litigation involving children, from parenting time disputes to custody modification, is for a court to order a custody evaluation (A party may also be ordered to participate in Domestic Relations Counseling Bureau evaluation for this purpose if available. Ind.Code § 31-12-1-1. In addition, a party may seek a custody evaluation as a part of discovery under Ind. Trial Rule 35). Through the custody evaluation process, families will be evaluated, allowing this third party professional to make a report and recommendation regarding custody. One major component ...
March 15, 2012CD