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Questions Answered by Clarissa Finnell
1 Answer | Asked in Divorce for Indiana on
Q: I am filing pro se divorce do I need to list my house and car since I owned them before I was Married
Clarissa Finnell
Clarissa Finnell answered on Apr 16, 2019

All property owned at the time you file for divorce is included in the marital estate. It is included no matter how it is titled or when it was purchased. When dividing marital assets the court can consider value of assets brought into the marriage. There are many factors that may impact how the... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: State of Indiana

My last child with the custodial parent will be turning 19 on March 8th, 2019 which is 53 days from today. What is involved and how soon can I begin proceeding in ending the child support?

Clarissa Finnell
Clarissa Finnell answered on Jan 18, 2019

Child support terminates in Indiana at age 19 unless you have a disabled child. If your support is being paid by income withholding you may need an order from the court to terminate the withholding order when your child turns 19. I recommend consulting with a family law attorney in you area to... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: Am I entitled to my husbands 401k/pension even though he had it prior to our marriage?
Clarissa Finnell
Clarissa Finnell answered on Nov 27, 2018

In Indiana all property owned by the parties at the time of legal separation (time divorce is filed) is included in the marital estate. As long as pension and or 401(k) are vested they will be included in the marital estate. However, your husband may argue to deviate from the presumptive 50/50... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can I change my visitation schedule?

My current decree doesn’t have a visitation schedule, we are to work it out due to his work schedule. He works swing shifts and his schedule is never the same. I want to have set times due to his lack of communication and commitment to his time with her. I often get last-minute cancellations,... Read more »

Clarissa Finnell
Clarissa Finnell answered on Nov 27, 2018

Child related provisions are always modifiable. In order to modify the existing order, you would have the burden of proving there has been a substantial change in circumstances since the last order of the court warranting change you are requesting. I recommend that you have a family law attorney... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: Does my child have to be in school for me to recieve child support
Clarissa Finnell
Clarissa Finnell answered on May 3, 2018

Child support can be ordered from birth until a child turns 19 years of age or is otherwise emancipated. There are circumstances under which an 18 year old may be emancipated for child support purposes if not in school or enrolled to be in school. If you believe your child may qualify for... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: Can I have our child support revisited based on the fact that he now makes so much more then I now then at time divorced

We presently each cover 50% of kids expenses but where I struggle, he now makes so much more then I financially yet Im still covering 50% of everything

Clarissa Finnell
Clarissa Finnell answered on May 3, 2018

Child support is modifiable if there has been a substantial change in circumstances since last order of the court or child support has not been modified during the preceding 12 months and new recommended support differs by at least 20% from current order.

1 Answer | Asked in Family Law, Child Custody and Probate for Indiana on
Q: I have my daughter back with me but I still got sent a court date , do I still have to attend if I use my parental righs

My aunt had her for 5 years but I never missed a beat I was there for Christmas and birthdays

Clarissa Finnell
Clarissa Finnell answered on Mar 22, 2018

If you have received an order to appear in court, then you need to appear at the time and place indicated on the order. I recommend that you consult with an attorney to review the paperwork and advise you on issues being presented at the hearing.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What are the chances my daughters father would get more than joint legal custody after 7 years?

We have had joint legal custody her whole life and for the first 5-6 years of her life he only saw her the bare minimum. I just received a letter via certified mail to go to court. I would like to know what the chances are of him getting more custody. Please and Thank you.

Clarissa Finnell
Clarissa Finnell answered on Jan 12, 2018

It is unclear from your question as to whether you are truly asking about legal custody (decision-making power) or physical custody (where the child resides). If you have joint legal custody with the father of your child that means that you both are to make major decisions jointly with respect to... Read more »

1 Answer | Asked in Family Law, Child Support and Child Custody for Indiana on
Q: I am told that visitation is the child's right. And is not situational on child support payments is that true.
Clarissa Finnell
Clarissa Finnell answered on Jan 12, 2018

I believe you are asking if parenting time (visitation) is contingent on payment of child support then the answer is "no". Child support and parenting time are both viewed by the court separately. Non-payment of support will never justify the withholding of parenting time. Nor can you stop... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: My 18 yr old daughter gets married tomorrow. Am I obligated to continue paying child support? If not, how do I stop it?

This is not in IL It's for Indiana

Clarissa Finnell
Clarissa Finnell answered on Dec 27, 2017

Child support in Indiana terminates by operation of law when a child turns 19. However, there are circumstances under which you can emancipate your child prior to age 19. Marriage qualifies as grounds for emancipation. However, you cannot simply stop paying support but rather need to file... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Is there a way I can find out if child support payments are behind in payment without going through my attorney?

The father does not pay regularly and in odd amounts. He makes payments through the court. We're in Lake County IN.

Clarissa Finnell
Clarissa Finnell answered on Dec 11, 2017

If payments are made via the County Clerk, then you should be able to obtain a record of all payments made from the Lake County Child Support Clerk. Then you would simply subtract payments made from total payments due to determine if any back support is due.

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Indiana on
Q: If we have joint legal custody of our child can she file for sole custody if I have a domestic

My ex-wife left in September of 2014 came back in May of 2015 she got joint legal custody and now I have a domestic against me and my ex wife wants to get sole legal custody of my daughter can she when I'm working two jobs

Clarissa Finnell
Clarissa Finnell answered on Dec 11, 2017

Child custody is always modifiable if there has been a substantial change in circumstances since the last order of the court. It would be your ex-wife's burden to show the substantial change. Joint legal custody means that you and your ex-wife are to make major decisions about your daughter's... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: What happens in a provisional order or in a initial hearing for divorce
Clarissa Finnell
Clarissa Finnell answered on Dec 11, 2017

The purpose of the provisional hearing is to issue temporary orders to follow while your divorce is pending. These orders may include: custody, parenting time, child support, spousal maintenance, possession of the marital residence and payment of financial obligations. It will not include a... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If mother has sole physical and legal custody, and father has visitation, can she move across town ~25 miles?

Mother wants to get a new job and relocate to a better school district, once divorce is finalized. Can the father prevent that if he does not have physical and legal custody, but only supervised visitation. Does the court take a better school district into consideration?

Clarissa Finnell
Clarissa Finnell answered on Dec 1, 2017

If a parent wishes to relocate, the non-relocating parent is required to file a notice of intent to relocate with the court and serve the notice on the non-relocating parent. This applies to both the custodial and non-custodial parent. The requirement to file this notice applies to ALL relocations... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: My daughter just turned 19 on Oct 30. Do I have to go to court to stop paying my child support in Columbus , IN
Clarissa Finnell
Clarissa Finnell answered on Nov 2, 2017

Child support in Indiana terminates at age 19. You do not need a court order to terminate support at age 19. However, if your support is being paid by wage withholding; you may need an order to terminate the withholding order. Also, if your support was not current as of the date your child... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: In indiana, is the wife intitled to more after 5 years of marriage vs 3 years? No children.
Clarissa Finnell
Clarissa Finnell answered on Nov 2, 2017

I assume your question relates to the division of marital assets/debts and how that division is determined. If you do not have prenuptial agreement, then the marital estate will include all assets/debts owned or owed by either party at the time you file for divorce. The presumption is that the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Indiana on
Q: can the dad mandate that I drop kids on insurance so that he can place them on his new wife's family plan?

I have carried insurance past 5 years. Kids dad getting married and at that time wants them on his wife's plan stating its more reasonable because its free...its not free, they pay for family plan but its no more cost to add 3 more kids to her already existing plan. Her plan however is not as... Read more »

Clarissa Finnell
Clarissa Finnell answered on Nov 2, 2017

If the current court order is that you carry insurance, then your ex cannot force you to change insurance. He would need to file a motion to modify the current order with the court and would have the burden of proving why the modification is necessary.

1 Answer | Asked in Child Support for Indiana on
Q: my child is 16 if I get divorced now and she goes to college can I get child support for her while she is in college
Clarissa Finnell
Clarissa Finnell answered on Oct 31, 2017

Child support terminates at age 19. Child support may be adjusted if your child is attending college and not living at home prior to turning 19. Child support for college students is based on number of weeks the child spends at home. The court can order parents to contribute to college expenses... Read more »

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Can you be forced to pay child support without a custody order?
Clarissa Finnell
Clarissa Finnell answered on Oct 30, 2017

I am assuming from your question that there are no orders in place regarding custody, parenting or support. You cannot be "forced" to pay support until a child order is put into place. However, you may be under an obligation to pay support prior to entry of an order by the court. If your child... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Hi. My son just turned 12. His father has never paid anything. Paternity was proven a year ago. How far bac

How far back does he owe ? How do I receive child support? Will the money affect my disability ? Lisa

Clarissa Finnell
Clarissa Finnell answered on Oct 25, 2017

Was child support ordered at time that Paternity was established? If so, then the court order should indicate the effective date of the child support. If child support has not been established yet, the court has discretion as to the effective date. In paternity cases, child support can be ordered... Read more »

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