Questions Answered by John Mario Acosta Jr.

Q: How long do i have to wait after my divorce is final to remarry?

2 Answers | Asked in Divorce for Indiana on
Answered on May 15, 2019
John Mario Acosta Jr.'s answer
As long as the judge has signed the divorce decree finalizing your divorce, you have received a file stamped copy of that order from the court, you can get married anytime after that.

Q: if I'm 17 are my dad and step mom allowed to touch my personal property and things i have payed for myself

1 Answer | Asked in Juvenile Law for Indiana on
Answered on Aug 6, 2018
John Mario Acosta Jr.'s answer
Based on your question, I can appreciate your situation being a young adult, but with that said you are considered a minor until you turn 18 and as such you can't own property. The property you speak of belongs to your parents or to those whom you live with. The property purchased by your mother would belong to her but if it is in their home then then can touch it and go through it. Furthermore, when you turn 18 and if you decide to move out and their is a dispute as to who owns the property...

Q: My son is ordered to complete 95% of his parenting time with his 15 month son before he is able to have ANY OVERNIGHTS?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Apr 18, 2018
John Mario Acosta Jr.'s answer
Based on your question and without reading the visitation/parenting time order, usually in my experience most parents are supposed to have paid 95% of their child support in order to claim the child on taxes, then according to the guideline it should be consistent parenting time for 6 to 9 months prior to the non-custodial parent receives overnights, of course this all depends on the age of the child as to how many overnights you receive.

Q: I have full physical custody of my daughter, me and her father have 50/50 legal. Can i move out of state?

1 Answer | Asked in Child Custody for Indiana on
Answered on Apr 16, 2018
John Mario Acosta Jr.'s answer
You can but your daughter can't. You have to file notice with the court 90 days prior to your intent to move and he has 60 days to respond. This is an Indiana state law.

Q: Can you file for Divorce prior to terms of property settlement

3 Answers | Asked in Divorce for Indiana on
Answered on Apr 16, 2018
John Mario Acosta Jr.'s answer
Depends on the jurisdiction and court as to bifrication of the matter.

Q: Child Support Calculation After Spouse remarries.

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Apr 16, 2018
John Mario Acosta Jr.'s answer
Based on your question if there has been a substantial change in circumstances child support can be re-calculated. If that is found you can request her spouses income be imputed into the calculation but you must be able to prove that the other income is covering what are the needs of the child.

Q: My mother is being emotionally abusive. Can i go to the police what's happening and they keep me away from her?

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 30, 2018
John Mario Acosta Jr.'s answer
You are running a great risk to yourself and your child. If you run away you can be charged as a runaway and placed into the juvenile system. Additionally, you will be placed back with your mother until you reach the age of majority which is 18 in the State of Indiana. You can call the police and advise them of what is going on but I see them being able to do little for you. Moreover, if you run away the Department of Family and Child Services may get involved because of you running away and...

Q: My daughter turn 19 this year..But will still be attending last year of high school. Do i still have to pay ?

1 Answer | Asked in Child Support for Indiana on
Answered on Mar 30, 2018
John Mario Acosta Jr.'s answer
You can terminate child support if, you are ordered to pay support for a child, and if the child:

is age 19;

has joined the United States armed services;

is married;

is not under the care or control of either parent or someone else approved by the court; or

is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and is or is capable of supporting himself or herself through employment.

Q: What are my rights if no paternity has been established, but there is a pending paternity case?

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 29, 2018
John Mario Acosta Jr.'s answer
If there is a pending paternity action you must follow the directives of the court as far as establishing paternity to include a DNA test. You could be held in contempt if you fail to comply with a court order.

Once paternity is established you will be looking at child support and visitation once a father has been established. You being married to another person who is not the child's father does not change anything as to paternity of the child and child support and visitation for the...

Q: If ex is court ordered to carry medical insurance but refuses to because he says its to expensive

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Mar 28, 2018
John Mario Acosta Jr.'s answer
If it is court ordered then yes, but you must look at the language of the agreement, because most agreements state unless otherwise unable to. Since you have picked up the insurance on the children you must provide your ex with a copy of those documents. IF you fail to do so it could result in your ex filing documents with the court ordering you to, but you must think of your children, if they don't have the cards it makes it more difficult to get treatment or services.

Q: Still 50/50 distribution of debts and assets?

2 Answers | Asked in Divorce for Indiana on
Answered on Mar 28, 2018
John Mario Acosta Jr.'s answer
Based on your question the starting point for any divorce is 50/50, unless the parties agree or argue away from it. So there is no guarantee of a 50/50 division of property and debts in a divorce unless you agree to it and reduce it to writing.

Q: I haven't seen my 10 year old daughter since infancy. I pay child support. Any way I can forfeit my parental rights?

2 Answers | Asked in Child Support and Family Law for Indiana on
Answered on Mar 28, 2018
John Mario Acosta Jr.'s answer
There is no way to terminate your parental rights unless there is someone who is going to stand in your place and take responsibility for the child or the state commences an action to terminate your rights. You must continue to pay child support, which supports the child until the court orders differently. Furthermore, you can seek visitation with your child if that is what you want as well.

Q: Help with absent father who threatens court with me.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on
Answered on Mar 26, 2018
John Mario Acosta Jr.'s answer
When you get married and your significant other wants to adopt the child you must first terminate the biological parents rights first and then put the adoption through. The termination can be consented to or contested and if contested then a hearing will have to be conducted to see what is in the child's best interest.

Q: Do I legally have to make my children still go with their father for overnight visits when he does not even have a home?

1 Answer | Asked in Child Custody for Indiana on
Answered on Mar 26, 2018
John Mario Acosta Jr.'s answer
Based on your question, legally yes. You may need to seek counsel to file a modification based on the change in circumstances so that the court can give you further guidance on future visitation if you think this type of visitation is not in the best interest of your children.

Q: How often you can request a Motion to Modify on your child support? And what things do that take into consideration?

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Mar 24, 2018
John Mario Acosta Jr.'s answer
You an modify child support only when there is a significant change in circumstances. There is no set number of times just have to meet that standard of review. The things the court can take into consideration are overnights by the parties, change in income by either party or both, change in insurance by either party or both, and ultimately what the significant change is that would warrant a modification.

Q: How would i go about waiving legal paternity of a child my ex wife had whike we were legally married but seperated?

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 24, 2018
John Mario Acosta Jr.'s answer
Based on your situation you need to file a paternity action with the court your divorce matter took place in. DNA will be ordered and you can prove your not the Father that way. The child support will still be accruing, so if you are the Father you will have arrearages to pay. The State of Indiana sees you as the Father of the child because the child was born during the marriage, but contesting paternity is the only way to go about this and you need to do that through the court system. This is...

Q: What happens if he does not pay the full child support? And is not seeing them regular ?

1 Answer | Asked in Child Support for Indiana on
Answered on Mar 23, 2018
John Mario Acosta Jr.'s answer
If the party does not pay the full amount of support per week then the arrears will build. If the other party is not seeing them regularly you can move to modify the visitation but it won't stop the visitation.

Q: My ex and i have come to a mutual agreement on child support. We both provide what she needs equally. We have done this

1 Answer | Asked in Child Support for Indiana on
Answered on Mar 22, 2018
John Mario Acosta Jr.'s answer
You need to file a motion with the court if there is an active or was an active case in this matter. You can also contact the local IV-D Prosecutor's Office and tell them the situation and see what they advise you to do.

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