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
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
Child Support is generally ordered in every case where there is a minor child(ren) in a divorce or paternity (child born out of wedlock) case. There are 3 main ways to terminate a child support order: Emancipation – Age – In Indiana, a child support order continues until the child reaches the age of 19 (previously 21), by statute. Some courts will automatically terminate a wage withholding order, and stop withdrawing funds from your paycheck upon the child turning 19, but in other cases, you may need to file a motion with the court to stop child support. Financial support for a ...
October 23, 2014CD
In Indiana, there is no statute or provision for “alimony”. Whereas in other states, a spouse may receive alimony payments after a divorce or legal separation as a type of allowance for support or to maintain a lifestyle, Indiana does not recognize this. However, there are some limited circumstances where a former spouse may be awarded money due to certain conditions/circumstances. In Indiana, this is called spousal maintenance1. Spousal maintenance can be awarded as a preliminary matter, while the divorce is pending. This often occurs when one party is not working, or is living in the marital residence with all of ...
May 15, 2014CD
While it may seem that America, and even Indiana are getting more and more litigious and new lawsuits are never ending, the cases that actually go to jury trial are far fewer than actual cases filed. This is because many cases settle outside of court, using either alternative dispute resolution or are dismissed. A recent profile by the Indiana State Judiciary examined the judiciary system in Indiana for 20121. In Indiana, during 2012, 1.6 million new cases were filed2. However, only 1,338 jury trials were held in Indiana in 2012, a decline from past years.3 These cases include criminal and civil ...
December 24, 2013CD
A number of blog posts focus on family law matters and divorce and how it affects the parents in their daily lives and long term. However, the impact on children of divorce is equally severe, if not greater. In Indiana, the general standard for domestic law involving child custody is the best interests standard1. Parties and Court will weigh what is in the child’s best interest to determine who should have custody, how much parenting time the other parent receives, whether or not grandparents get visitation, and this list goes on. But how are the best interests of children affected ...
November 28, 2013CD
Several recent blog posts have directly or indirectly addressed the shift away from the traditional family of a mother, father, and two children to a more blended family, often involving participation from extended family members and step-parents. Other third parties can even be guardians or custodians who are not related to the parties, but help raise the children. A recently passed California law allows for a change from the statutory two-parents-per child definition1. This newly adopted law allows that custody, visitation, and child support could be divided among three or more people as parents if it is in the best interests ...
November 12, 2013CD
How to Decide What School Children Will Attend The Public vs. Private Debate Another school year is quickly approaching, if not already started for most children. With the ringing in of the 2012-2013 school year, conversations regarding children’s schooling and where children will attend school come to the forefront in domestic law cases. Where a child will attend school is a choice made by the parent(s) with legal custody. In many cases, divorced parents or parents who are involved in paternity actions share joint legal custody. Under joint legal custody, both parents have a say in matters of education, religion, and medical choices ...
August 2, 2012CD
It Isn’t What You Think or Hear on TV about Stars . . .but It is There Divorce actions routinely involve financial issues presenting as complex determinations of support for children, tax consequences, and asset and liability division. However, one financial issue that may be less common in divorce is the concept of what many think of as “alimony”. In fact, in Indiana, there is not a type of financial support for a spouse called “alimony”. Indiana has a related legal comparison that is called spousal maintenance, but unlike alimony available in some states, it is restrictive in what and how a ...
July 3, 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