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…
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…
Enforcing Interstate Child Support and Obtaining Jurisdiction – Enforcing child support can be difficult and complicated. Throw an out-of-state order in the mix and it can get even muddier. In 2011 alone, there was roughly 37.9 billion dollars of child support owed to custodial parents in the United States. Only 62.3% of that amount owed was actually paid, which leaves about 14.3 billion dollars of unpaid child support. That’s a ton of money! Now these…