Should the Police Get Involved in Enforcing Your Parenting Time? It is your scheduled parenting time and your ex refuses to give up your child – what now? In most cases, the reaction would be to threaten a call to the local police. While there may be some benefit down the road to documenting denied parenting time, the effect may not be as immediate as a parent in that situation may hope. Police officers across…
How is Child Support Calculated and What Can I Expect? How is child support calculated? The amount of child support that is paid by one parent to the other is fact sensitive and is not the same in every case. It is not uncommon for two parents with the same number of children, living close together geographically and making similar incomes to receive substantially different amounts of weekly child support. In Indiana, a child support…
Can I Dispute the Enforceability of my Marital Agreement after a Divorce? Often times, parties sign premarital agreements prior to getting married as a way to protect their respective assets in the case of a divorce or death. On the flip-side, many people enter into marital settlement agreements as a way to finalize their divorce. Whether you entered into one or both of these types of agreements, you may be thinking to yourself, can I…
Is My Business in Jeopardy if I get a Divorce? If you own a business and are thinking about going through a divorce, you might be asking yourself, is your business considered an asset that can be divided by the court? In short, the simple answer is that it depends. In determining whether your business is an asset, or to the extent which it’s considered an asset, the court will look at the business’s “goodwill.” …
Is Spousal Maintenance Modifiable, and if so, How is that Accomplished On March 8, 2015, we wrote a blog titled, “A Look at Spousal Maintenance in Indiana,” whereby we explained the different circumstances in which a party to a divorce can be ordered to pay spousal maintenance. In Indiana, the circumstances for such an award are very limited. As a quick refresher, the following are the only circumstances under Indiana law where spousal maintenance can…
Hiring an In-Town Lawyer vs. an Out of Town Attorney To hire an in town attorney, or out of town attorney? That is the question. I think Shakespeare asked that in Hamlet….or, something like that. All joking aside, we at Banks & Brower, LLC, are constantly asked this question when people call in looking for advice on who to hire. “Should I hire an out of county attorney, or should I hire an attorney on…
Tax and Financial Planning Considerations Often Overlooked in Divorces in Indiana There are numerous assets and debts involved in a divorce case that are easy to identify, such as real estate, bank and retirement accounts, credit cards, automobiles and household goods and furnishings; however, there are several other potential assets and liabilities that are often overlooked by clients and attorneys as they relate to benefits or liabilities that may result for income tax purposes. …
Indianapolis Criminal Defense Attorney Blog: Veteran’s Court Slowly but surely, counties across the State of Indiana are starting to see the benefit to having courts that focus on the root problem of criminal behavior, and attempt to get the offender help and/or treatment. Many counties have already started mental health courts or drug treatment courts. Those courts have worked to identify defendants with lower level criminal conduct and place them in the appropriate court…