Understanding How Emancipation Works in Child Support Matters One of the most common calls we receive on family law related matters is in regards to what happens during an emancipation of a child for child support purposes. While most parents feel an obligation to pay child support for as long as they must by law, many also realize that many courts fail to cease income withholdings or child support payments at the exact moment they…
How is Child Support Calculated in Indiana? – Have you ever wondered how child support is calculated? The Indiana Supreme Court has adopted the Indiana Child Support Guidelines which lays out the standards for calculating child support and coincides with the Indiana Code. Under I.C. 31-16-6-1, a court can order either parent, or both parents, to pay any amount reasonable for support of a child. Here’s a look at the factors a court may consider…
One of the most common arrests made in Indiana and throughout the country is for driving under the influence. It can be committed by any driver of any type of vehicle who has had too much to drink or taken medications that have caused them to be impaired. As it is such a common criminal charge, there are frequent questions and misconceptions when it comes to DUI cases. This weeks blog takes a look at…
I’ve Been Charged with Theft – Now What? Recently we highlighted for you the significant changes that have taken place with respect to felony offenses in Indiana. One change in particular merits special attention as much for its significance to many criminal defendants (and practitioners) as for its effect of making the punishment more proportional to the crime. Prior to the change in the law effective July 1, 2014, the theft statute read as follows:…
Jail Phone Calls — Is Someone Really Listening? YES! One of the biggest temptations for any defendant once they get behind bars is to call loved ones. Obviously, anyone in that situation would feel the need to reach out to their support group for help, advice, and/or direction. However, and almost without fail, we see instance after instance of inmates talking about the facts of their case to loved ones. And, in almost every single…
Dividing Retirement Accounts in a Divorce—What exactly is a QDRO and how does it affect you? If you’re in the midst of a divorce, or have just recently been through one, chances are dividing retirement accounts is or was a major source of contention. Under Indiana law, the courts presume an equal division of property. Courts can deviate from the presumption, but going by the presumption of a 50/50 split, parties could divide each asset…
This week’s blog topic, the revamping of the Indiana Criminal Code, is a lengthy one. For those interested in the Indiana Criminal Code though, it is well worth the read. We start out with the drastic change to the sentencing scheme. If you or a loved one is facing any criminal charges, don’t hesitate to call our Indianapolis criminal lawyers at Banks & Brower, we offer free case evaluations and free consultations. Sentencing Class Current…
Resisting law enforcement is a charge that commonly gets tacked on after an arrest for another charge doesn’t go down as smoothly as the officer would like. The least serious form of resisting law enforcement is an A Misdemeanor, but various scenarios and actions can elevate the charge as high as a Class A Felony (or a Class 2 Felony beginning July 1, 2014). Some circumstances even require mandatory minimum sentences that may not be…