We’d like to welcome the newest member to our team, Jonathan Lounds, who is our new Law Clerk. He is currently a law student at Indiana University Robert H. McKinney School of Law and will be helping with legal research and document preparation.
Whether a person is considering a divorce, paternity, or custody case, many people want to know how child support is calculated in Indiana. It is a somewhat complex calculation based upon several factors which are unique for nearly every case involving child support. The first factor depends upon the amount of children the parties to the case have in common. The more children you have in common, the higher the non-custodial parent’s support obligation will be. The next factor is the parties’ respective incomes.
Gross Weekly Income
Both parties’ gross weekly incomes are put into the equation. “Gross” means the income a person receives before taxes and other deductions are taken out as compared to “net,” which is the take-home amount after taxes and deductions. The Indiana Child Support Guidelines defines weekly gross income as “actual weekly gross income of the parent if employed to full capacity, potential income if unemployed or underemployed, and imputed income based upon “in-kind” benefits.” Continue reading
A lot of people thinking about going through a divorce in Indiana may wonder what issues will have to be addressed to finalize their divorce. This blog gives a brief explanation of the possible issues that may arise in your divorce. The 3 main issues are: 1) Property Division, 2) Spousal Maintenance, and 3) Child-Related Issues.
When you file for a divorce, nearly every asset of the parties, whether titled in one party’s name, the other’s name, or titled jointly in the parties’ names, will be up for division by the court. For a more detailed explanation on property division in Indiana, see my blog from March 17, 2016, titled: A Look at Property Division in a Divorce in Indiana. To summarize that blog, there is a presumption of an equal, or 50/50, division of assets and debts of the parties. Continue reading
When faced with a potential divorce in Indiana, many people wonder how the court will divide the assets and debts of the parties. At the time of filing for a divorce, nearly every asset and debt is included in the marital estate, whether titled in one party’s name or the other or in the parties’ joint names, and will be divided by the court.
Under Indiana law, there is a presumption that there will be an equal, 50/50, division of the assets and debts of the parties. Indiana Code 31-15-7-4 sets forth what property is eligible for division and how the court is able to divide such property:
If you are thinking about filing for divorce in Indiana, it is important to know a little bit about how the process works. This post gives a little direction as to what you should expect if you are going to file for divorce.
Grounds. Indiana has adopted the concept of “no-fault” divorce, making it unnecessary to prove cruelty, adultery, etc. in order to obtain a divorce. The usual ground is to allege, in a written petition to the court, that the marriage has suffered an irretrievable breakdown without reasonable expectations of reconciliation. A spouse’s character is usually irrelevant to the issues before the court. I often suggest to clients to think of the divorce as a break-up of a business partnership.
Residence Requirements. At the time a divorce petition is filed, you must have resided in Indiana for 6 months and in the county where the petition is filed for 90 days. There are limited exceptions which may apply if you do not qualify under this general rule. Continue reading
In a booklet entitled “Stepping Back From Anger,” the American Academy of Matrimonial Lawyers presented the following tips for divorcing parents to help protect their children from the trauma and emotional stress of a divorce:
- Never disparage your former spouse in front of your children. Because children know they are ‘part Mom’ and ‘part Dad,’ the criticism can batter a child’s self-esteem.
- Do not use your children as messengers between you and your former spouse. The less the children feel a part of the battle between their parents, the better. Continue reading
When you and your spouse are thinking of filing a divorce, it is of utmost importance that you both think of your children’s present and future emotional well-being before anything else. This is often difficult for divorcing parents to do as they commonly let their own feelings toward each other get in the way of doing what is truly in their children’s best interest. The following are a few tips for parents to keep in mind when preparing their children for divorce. Continue reading