Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Mario Acosta Jr.
1 Answer | Asked in Child Custody for Indiana on
Q: During COVID-19 mandates, does parent in MI have right to INSIST on transporting child who lives in IN

Stepparent in Niles was "home sick" the other day, works for InstaCart (so lots of exposure) Child lives in Bremen, schools at LaVille, has far less risk of exposure. (and i am on NEITHER grownup's side ... have explained to both from beginning the only "winner" should always be this precious... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Mar 31, 2020

Based on your question and the information contained I would look to what State the order is from and if that State has child exchanges as an essential reason for travel then exchanges can happen. If the other parent can't leave because of a state order from the governor then the other party can... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: Can u still have court if u haven't meet with you legal aid appointed by court? Are u able to reschedule your court date
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Mar 3, 2020

Based on your question you can request it and it will be up to the court to grant or deny it.

1 Answer | Asked in Child Support for Indiana on
Q: If my employer provides health insurance for my child and it doesn’t cost me money, do I receive a child support credit?

Filling out a support modification sheet and it asks for health care premium cost.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 28, 2020

No.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: How can I modify child support since my income has decreased?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 27, 2020

Based on your question you file a motion with the court.

1 Answer | Asked in Child Custody for Indiana on
Q: I Madison Collings am 17 had a child with 23 year old we broke up but had virbal agreement that I would let her on weeke

Let him have her on weekends on one of his visit he went and filed paternity now he refused to give child back this is day thirteen the cops won't help nothing

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 26, 2020

Based on your question if if are the mother and he has not been given custody or deemed the father by a court then he has no rights to the child at this point.

2 Answers | Asked in Child Support for Indiana on
Q: Will child support take my taxes in Indiana
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 24, 2020

Based on your question the State of Indiana does do tax intercepts.

View More Answers

1 Answer | Asked in Divorce for Indiana on
Q: What is considered final separation of the parties

After I filled for divorce one week after, I was obligated to leave the family house with a PO. is this considered the final separation?, or is final separation when the Divorce its is settled in the court?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 21, 2020

Based on your question final separation can occur when the divorce is filed.

1 Answer | Asked in Family Law, Child Custody and Education Law for Indiana on
Q: Get dcs out of our life bc 5yr old missed to much school bc sick, in Indiana not mandatory for kids under 7 to attend

My 5 year old is enrolled in kindergarten and missed 14 days over the course of 3 months of school due to being sick but wasnt sick enough that it required me to take him to the doctors so I didnt get doctor notes for those days. The school has to report to dcs if a child misses more than 10... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 21, 2020

Based on your question you can't drop the case and request DCS leave you alone. Once a report is made they investigate and go from there.

1 Answer | Asked in Divorce, Family Law and Child Support for Indiana on
Q: I have been separated from my husband for 4 years. Can I file for child support even though I'm still married to him?

I had a lawyer pro bono & we couldnt find my husband.

I found out that I had to pay 280 for an ad in the paper where we last knew he resided but I couldnt afford the fee.

I was told I couldnt file for child support until the divorce paperwork was in place.

Is this true?... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 12, 2020

Based on your question you can go to your local IV-D Prosecutor's Office and see if they will allow you to.

1 Answer | Asked in Family Law for Indiana on
Q: is it legal for a step parent to take my sons belonging for the simple fact that I bought it for him and no other reason

Every time I buy my son something and he takes it home his step father takes it from him and tells him he doesn't need that. he hasnt got into trouble he is only taking it because I bought it and he knowing it hurts my sons feeling and he does it to make me mad. is this legal and is there any kind... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 11, 2020

Based on your question if the other parent allows this to happen then he can. If you can't agree with the other parent on this topic then you can try and resolve it via the courts.

1 Answer | Asked in Divorce for Indiana on
Q: I was married for less than 3 months. During that time, my husband sold his home and moved into my home. He received

He received 37,000 for the sale and put in into our joint account. One month later, he took all of the money from the joint account and left me with 600. Can he do that?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 11, 2020

Based on your question you are married, he can.

2 Answers | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Chances of 50/50 custody?

I want 50/50 legal and physical custody of my 13 month old daughter. My only child. Her mom has 3 subsequent children all by different men that dont pay support. Ive been in my daughters life since she was born despite her moms efforts to keep me out of her life. I hired a lawyer and took her to... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 11, 2020

Based on your question and the previous attorney response I agree you should be discussing this with your attorney and it does not hurt to ask the court for it.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can I file for divorce and sole custody of my child while my spouse is in a psychiatric hospital?

She was initially self admitted, however is being transferred from a stress center to "another facility" that the staff will not disclose to any one. The will not even confirm that she is at the stress center at this time, although her mother confirms that she is there.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can file for divorce at anytime for any reason in the State of Indiana.

1 Answer | Asked in Divorce for Indiana on
Q: Can the court order my ex wife to get a real job?

My ex claims she has 3 jobs! 1 babysitting job under the table for 2 friends. 1 babysitting job for a legit company down the street. And 1 job at the YMCA paying less than $9/hr and less than 15 hours a week. She says her total income is $215/week. I can get her a bus driving job making $608/wk.... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question no the court can't order her to get a real job, she is employed. You can request that her boyfriends income be imputed but there is no guarantee it will by the court.

1 Answer | Asked in Child Custody for Indiana on
Q: I have custody of daughter. She will be 19 in 60 days and has decided to move with her mom. Her mom filed for custody?

I'm thinking she's trying to lock me in to a support order before she turns 19 so she can get me for extended college expenses.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can still file for emancipation and if requested may be required to pay for college expenses.

1 Answer | Asked in Family Law for Indiana on
Q: If the state says I owe x amount and the county says I owe a lower $ amount which one do I go by

For child support arrearage

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 8, 2020

Based on your question the state amount but the county can contact the state and get there amount revised if they are off on their amounts.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: No custody has been decided by a court. No judgments. Can she take my son to a different state against my wishes?

She filed for divorce in a county we do NOT have residence in (her mom and dad's home). She moved herself there with my son under the pretense that she would be seeing a specialist for his health and doing work while her parents babysit. I was more than taken by surprise by the divorce filing.... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 5, 2020

Based on your question the residency requirement is 3 months in any county in the State of Indiana. You are still the biological parent and should have custody and parenting time. You need to seek counsel to address these matters.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My ex wife and I are currently in a custody battle. At the last hearing, almost a year ago, it was to modify custody.

At the hearing, the judge never let me present my side and called the hearing for the day. Almost a year later, my daughter is still struggling emotionally, her grades are slipping, she’s becoming a distraction in school, and I was sent a letter from the school about her extensive tardies... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 3, 2020

Based on your question you should, but remember the standard of proof is what is in the best interest of the child

1 Answer | Asked in Juvenile Law for Indiana on
Q: Is it illegal for an 18 year old girl to date a 15 year old guy in Indiana? The girl's parents keeps saying it is.

The girl has done research and there's such thing as the "Romeo and Juliet law." Would this protect the girl in this situation?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 3, 2020

If the person is not more than 4 years older than the victim, the two are dating, and the defendant hasn't committed a sex offense against any other person, “Romeo and Juliet” exception can apply

I.C. 35-42-4

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.