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Questions Answered by John Mario Acosta Jr.
1 Answer | Asked in Child Support for Indiana on
Q: Where could I find a child support order / modification? Would it be public knowledge if modification in Indiana mycase?

Mother and father never married, ex-girlfriend taking father back to court for more money because she wants to go back to school, but want babY daddy to pay more money. Father has four children, total. The newest being born 4/29/2020

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 25, 2020

Based on the information provided in your question if the child support was ordered in a divorce proceeding it may be public, if the order was in a paternity matter then it would not be public, but the person paying the support can go to the local county clerk's office or child support clerk... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What can I do when the other parent is breaking our custody court ordered parenting agreement?

I have joint custody and am the noncustodial parent. Child support is all current no problems but the mother of my son is changing on her own the court ordered visitation time. She has withheld my son once now and will again. How do I get someone to enforce the court order we have so I get my... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 23, 2020

Based on the information provided in your question you can file contempt on her via the courts.

1 Answer | Asked in Child Support for Indiana on
Q: Child support in Indiana at what age for the garnishment to stop.
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 18, 2020

19 and that is if there is no arrears and you request it

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 9, 2020

Based on the information provided in your question you can but you face contempt or interference with custody charges.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: I live in Florida and my ex-wife lives in Indiana . She has had custody of my son and I have been paying child support.

My son is 18 and my Florida ordered support has stopped. My ex-wife has filed for Adult Gardianship of my son. If I don’t contest this, how does it effect me?

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

Based on the information provided in your question he is an adult and you can not consent and object to it happening but it is a matter for the court to decide.

1 Answer | Asked in Family Law for Indiana on
Q: If I lost my job due to covid can I get an order to pause college tuition order?

Order to pay tuition for 19 year old daughter but laid off due to Covid. Can I ask the court to pause?

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

Based on the information provided in your question you can file a motion with the court to request it and it will be up to the court to grant it or not.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If my sons father is called into work a shift that takes up the whole parenting time. Can I request our son comes home?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 1, 2020

Based on the information you provided in your question you can ask but it is his parenting time, unless you have a right of first refusal in your agreement.

1 Answer | Asked in Family Law for Indiana on
Q: When I turn the contempt papers into the clerk to file, do I have to send a copy to my ex wife’s attorney or do they?

I can’t afford an attorney, so I print off and file the contempt papers and fill them out myself. She has not been letting me have them on my court ordered parenting time and has been warned by the judge last time we were in court about it. I’ve tried to file twice and it hasn’t gone through... Read more »

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

Based on the information provided in your question you should request the clerk to do it and then drop a copy of it in the mail to her attorney

1 Answer | Asked in Child Custody for Indiana on
Q: What are my child visitation rights at a paternal parent that pays child support. We do not have a court order.
John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 28, 2020

Based on the information provided in your question it depends if you have established paternity or not and if so at a minimum Indiana Parenting Time Guidelines.

1 Answer | Asked in Divorce for Indiana on
Q: I recently asked my husband to move out, and told him I want a divorce. Over the weekend, he left with our 13 year son.

I have been unable to contact my son. I don’t have a lawyer yet, but am looking for one. What are my options with finding my son?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 18, 2020

Based on the information in your question you should seek counsel from your area immediately.

2 Answers | Asked in Divorce and Child Support for Indiana on
Q: I'm completely unfamiliar with divorce proceedings/steps. We have one minor child and fairly substantial assets

(home, recreational property, 401Ks, etc.). Minor child just turned 17 years old. I need to start the divorce process. How should I proceed/what do I do? Covid 19 protocol for face to face meetings with a lawyer? I never thought it would come to this.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 18, 2020

Based on the information provided in your question it would depend on the lawyer if they are doing face to face meetings or not. Additionally, no one ever is prepared or ready for this in their life, so finding a lawyer in your area that fits your needs is important.

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2 Answers | Asked in Child Custody for Indiana on
Q: My ex wife got charged with her 2nd OWI with our child in the car. Can I get custody of our child?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 18, 2020

Based on the information you provided in your question I would agree with Mr. Tyson, you can always file something with the court and see what they order, but he is right no hard and fast rules, the standard is what is in the best interest of the minor child.

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1 Answer | Asked in Family Law and Child Support for Indiana on
Q: My ex quit his job after he had an income withholding order. Do the courts keep track of how far behind he is?

He was current until the end of December, then he changed jobs. He completely stopped paying and has only had one visitation since Thanksgiving. He’s over $3,300 behind.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 13, 2020

Based on the information provided in your question, yes the State of Indiana does track and calculate the amount a non-custodial parent pays or does not pay in support.

1 Answer | Asked in Child Custody for Indiana on
Q: My child is 16 and wants to drop out. We live in Indiana and I was wondering if both parents need to sign if we do joint

We have join custody and my child wants to drop out due to bullying, I'm ok with with it, shes 16 and we live in Indiana. Her mom isn't ok with it, so I was wondering since we have joint custody do both parents have to give consent for my child to drop out.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 13, 2020

Based on the information provided in your question, if you have joint custody of the minor child yes you both have to agree on the decisions made in regards to the minor child's health, education and religion, if you can't agree you can use the court to make the decision for you.

1 Answer | Asked in Child Support for Indiana on
Q: I have joint physical custody and have paid support for 15 years due to my income. Now self employed, need modification

I Am making less than I did and have been self employed for the last two years. I also have three other children in my home and one has a disability diagnosis. He’s homeschooled and self employment allows me to be home with him. Does this make a difference? Is it worth it? The child I pay... Read more »

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

Based on the information provided in your question yes you are entitled to a modification and should explore that option based on your current circumstances.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: My child support was stoped cuz im disabled my kids are 18and21 and I have been on ssi. For 3years now I live in Indiana

Will they be taken my stimulus check

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

Based on the information provided in your question if you owe back support your stimulus check can be taken for that reason by the state.

1 Answer | Asked in Child Support for Indiana on
Q: I am on disablitiy and owe 89000 in child support arrears currently 209 dollars a month is taken f th om my check. Is

Is there anyway to get some relief from this . The ex works makes 20 dollars an hour all children are adults

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

Based on the information provided in your questions you can contact your local IV-D Office and see what they advise you.

1 Answer | Asked in Child Support for Indiana on
Q: If an educational needs petition is filed for a child age 18, will the child support be terminated because of this

If it is approved or will the noncustodial parent still be required to pay support until the child is age 19 in addition to the educational needs?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 7, 2020

Based on the information provided in your question it should convert to college expenses, so you don't pay both its one or the other in most cases.

1 Answer | Asked in Child Custody for Indiana on
Q: If you have sole custody of your kids and the dad won't give them back, why won't the police help?

A friend recently got kicked out of her house. She has sole custody of her kids but the dad won't give them back or let her see them. She has an apartment lined up and can take the kids to her parents or a shelter with her. Is it legal for him to keep the kids and why won't the police... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Apr 30, 2020

Based on the information provided in your question this is a civil family matter and the police typically do not enforce civil family orders when the child is with a biological parent or guardian. Additionally, I would add he has some arguments to justify the actions if what you say here is true.

1 Answer | Asked in Child Support for Indiana on
Q: Pay support to mother of 18 year old. She moved out on her own. Do I have to pay child support to the mother. Indiana
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Apr 30, 2020

Based on the information provided in your question no, but you may need to look into filing something with the court to support the decision.

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