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When Can I Modify My Child Support?

Posted in On May 12, 2023

In paternity cases and dissolution of marriage cases involving unemancipated children, your court will likely order that one of the parents will have to pay child support to the other parent.  However, as with most child related issues, child support can be modified.  And so, when can that be accomplished? In Indiana, child support can only be modified in two circumstances.  One is when there has been a substantial change of circumstances that is continuing…

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Professionals in a Family Law Case

In a family law case in Indiana – many different types of professionals can be involved with your family.  Below, we will attempt to identify the types of professionals, what they do, what you can expect, and how they impact your case. Guardian ad litem A guardian ad litem in a custody case is typically a lawyer appointed by the Court that is tasked with gathering facts and representing a child’s best interest to the…

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Ignoring a Child Support Order in Indiana can lead to Serious Consequences

Once a Trial Court in the State of Indiana issues a child support order for a child(ren), a non-custodial parent will need to make necessary arrangements to pay the ordered amount.  Ignorance of how to make payments is no excuse. Every state has been mandated by the Title IV-D of the Federal Social Security Act to provide child support services, including enforcement of payment.  This is called the Title IV-D Child Support Program (or Title…

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DCS Substantiation Indiana

Navigating the DCS Substantiation Process The Indiana Department of Child Services (“DCS”) is an agency that is designed to protect a child’s welfare. DCS makes the initial determinations and findings on reports of alleged child abuse or neglect. They can either find a case to be “substantiated” or “unsubstantiated.” A substantiated child abuse or neglect report means a determination regarding the status of the report whenever facts obtained during an assessment of the report provide…

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Divorce 101 in Indiana

Often the emotional impact of divorce extends beyond just those getting a divorce. Friends and family may be divided and felt forced to choose sides.  This can be even more complicated and difficult for the children of a marriage. Whether biological or step, children have a front seat for the actions of their parents. The process can either cause turmoil and drama or it can be used as a time to show children that people can remain amicable…

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Child Witnesses in Family Law Cases

Posted in On July 16, 2017

“My kid can tell the judge…..” is a something all family law attorneys hear from clients. The reality is it is not a simple decision to involve children in a proceeding. Even though there are no laws against having children testify in a court proceeding, it is very uncommon and often discouraged by judges. If a judge feels a child can contribute valuable information, the judge may choose to speak to the child(ren) privately. Before…

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Paternity Affidavits in Indiana

Posted in On June 11, 2017

A paternity affidavit is a legal document that, “permits a man and a woman to declare, under penalty of perjury, that the man is the biological father of a child”.  Paternity affidavits are not required to prove paternity when a child is born during a marriage or within 300 days of a divorce.  In those situations, the husband of the biological mother is presumed to be the biological father of the child. For situations where…

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Child Custody Agreements with No Child Support

Posted in On May 7, 2017

Are Child Support Agreements with No Child Support Legal? “We have reached an agreement that neither parent will pay child support.”   That is a common statement made by clients as they are navigating family law.  It is heard in divorce and paternity cases.  However, the reality is child support is a right of the child, not of the parent.  A parent cannot waive something that does not belong to them.   Child support exists as an…

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