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A Look at What Qualifies as a Controlled Expense in Child Support

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…

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A Look at Indiana's Relocation Statute

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…

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I Filed for Divorce in Indiana…What Happens Now?

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…

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A Look at How Emancipation Works in Indiana

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…

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How Child Support is Calculated in Indiana

Posted in On August 3, 2014

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…

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If I Get Divorced, What Happens to My Retirement?

Posted in On July 6, 2014

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…

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Things to Consider When Settling Your Divorce in Indiana

Posted in On June 15, 2014

BEFORE YOU SIGN THOSE DIVORCE PAPERS…CONSIDER THIS… When every single divorce client comes through our door, one of the first questions they always ask — well, after the emotions explode and then slowly simmer — is, “What do we need to think about when settling my divorce?” And, though factual considerations vary from client to client, we have a set checklist we always go over with most clients. This blog will attempt to lightly touch on…

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A Look at Division of Assets

Posted in On June 2, 2013

When someone comes in to our office for a consultation about a divorce, one of the most frequent questions/concerns is how will our assets be split up.  Clients tend to focus on who the asset is titled to and/or who paid for or purchased the asset.  The law looks at assets differently.  Indiana Code gives the Court broad discretion on splitting up assets. Indiana Code reads: (a) In an action for dissolution of marriage under IC 31-15-2-2, the court…

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