Indiana Parenting Time Guidelines
If you are thinking about filing for divorce or a paternity action and have minor children, a good resource to review prior to filing would be the Indiana Parenting Time Guidelines. It sets forth guidelines as to what typically would represent the minimum parenting time a non-custodial parent should spend with a child when the parties are unable to reach their own agreement. However, each case is very fact-specific and so an actual custody and parenting time order in your case can result in the non-custodial parent having more or less time with the child depending upon several factors.
These Guidelines also address numerous other parenting-related issues that parents should follow. A few examples include communications between the parents and with the child, transportation responsibilities, making adjustments to a parenting time schedule, opportunities for additional parenting time, and resolving various problems and issues that may arise.
If you wish to review the Guidelines, click on the following link: Indiana Parenting Time Guidelines
Indiana Child Support Guidelines
If you have minor children and are going through a divorce or paternity action, a child support obligation will be calculated in your case. There are several factors that come into play when calculating support, which include the parties’ respective gross weekly incomes, the number of children the parties have in common, whether either or both parents have any children born prior or subsequent to the children in common, whether a party pays spousal maintenance, the cost of the health insurance premium to cover the children, the cost of work-related child care, and the number of overnights the non-custodial parent has on an annual basis. Often times, however, the numbers that go into the equation are disputed between the parties for a number of possible reasons. For more guidance on how child support is calculated and determined, click on the following link: Indiana Child Support Guidelines
The Indiana Supreme Court provides a “do-it-yourself” child support calculator so that parents can get, at least, a rough estimate of the child support that he/she would have to pay or receive in a particular case. You can access the support calculator by clicking the following: Indiana Child Support Calculator
Parenting Class Requirement
For most counties in Indiana, parties going through a divorce with minor children are required to take a parenting class prior to the finalization of the divorce. Such classes are designed to help parents help their children to successfully adjust to the circumstances of the divorce. In Marion County, Hamilton County, and several other counties in Indiana, the parents are required to take a class called “Children Cope with Divorce,” which offers several locations throughout Indiana and is provided by Franciscan VNS for a small fee. This class teaches parents a wide range of topics involving their children, including learning about emotional reactions of divorce, how families experience divorce, typical reactions of children, the developmental needs of children, and pitfalls to avoid. To learn more about this program, please click here.
Another great source for parents is uptoparents.org. This is a free online program that is actually the required parenting class for such counties as Hendricks County. Franciscan VNS does recommend that parents take this online program in addition to the Children Cope with Divorce Class. This website offers parents the opportunity to focus on their child’s need for respect, predictability, and ideally cooperation between parents.
There are also various websites, including sharekids.com, which help parents with scheduling and communication tools.
Division of Property
When determining how assets and debts are divided in a divorce, it’s first important to know how Indiana law defines property. To read the definition of “Property,” please click here.
Under Indiana law, there is a presumption that assets and debts are divided on an equal, 50/50, basis. However, that presumption can be overcome, or rebutted, if certain factors exist in your case. To see what factors a court considers when determining whether to deviate from the 50/50 presumption, please click here.
The last main law with regard to property division is the statute directing the court how to divide the property awarded to each spouse, which can be viewed by clicking here.
Self-Service Legal Center
The Indiana Supreme Court has provided forms and some minimal guidance to enable you, if you are so inclined, to get a divorce without the help of an attorney. (This is called “pro se,” which means representing one’s self.) Self-Service Legal Center