Family Law

Controlled Expenses: What are they and who pays them?  – Controlled expenses—a term most of you have probably heard if you’re going through a divorce and have young children.  But, what exactly are they?  The Indiana Child Support Guidelines establishes a standard of support for children and, as part of that standard, certain factors are taken in to account that affect the ultimate amount a non-custodial parent is obligated to pay in child support.  In…

A Quick Look at CHINS Cases: One of the scariest and most overwhelming things a parent can experience is when the State of Indiana decides to file a CHINS (Child In Need of Services) petition against them. The reason it can be so overwhelming is once the Court interjects themselves into the nuclear family through a CHINS petition, they effectively take complete control over all parenting decisions and all children in the family. When it happens, parents can…

Can I modify my child support order? If you’re a party to a child support order, you may wonder if that order can ever be modified.  The answer is yes—Indiana allows, under certain circumstances, for modification of a child support order.  If you are going through a divorce, a custody proceeding, or attempting to establish paternity it may be important to remember this.  You can see how child support is calculated in one of our…

Relocation of a Custodial Parent  – If you’re a custodial parent thinking about moving, you need to be aware of the Notice of Intent to Relocate statute under I.C. 31-17-2.2, which lays out specific requirements that a parent must follow in order to relocate.  Anyone who is subject to a custody order, parenting time order, grandparent visitation order, or child support order must file a notice with the court of their intent to relocate. Under…

I’ve Filed for Divorce, Now What?  The 60-Day Waiting Period So you’ve pulled the trigger and filed for divorce.  Taking that first initial step can leave you feeling anywhere from sad, to scared, or maybe even relieved, but often times it leaves people wondering—what happens next? Or, what do I need to do now? Under Indiana law, a divorce cannot be finalized for at least 60 days from the date of filing.  The purpose behind…

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…

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…