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Questions Answered by John Mario Acosta Jr.

1 Answer | Asked in Child Support for Indiana on

Q: I would like to know if the noncustodial parent is to notify myself and the court he is stopping child support.

Our daughter just turned 19 on 7/24. I was not given any notice he would be stopping the support.

John Mario Acosta Jr. answered on Aug 5, 2019

Based on the information provided in your question he would have to file for emancipation with the court.

1 Answer | Asked in Child Custody and Family Law for Indiana on

Q: Can I move my child out of state without the father and/or his permission?

Our baby was born out of wedlock and we do not live together but both of us signed a paternity affidavit. Being her physical custodian (no court order stating otherwise), am I allowed to move both me and her out of state without the father or his permission?

John Mario Acosta Jr. answered on Aug 5, 2019

Based on the information provided in your question if paternity has not been established by the court via a paternity court order and no parenting time has been established you can move.

1 Answer | Asked in Child Custody and Family Law for Indiana on

Q: Who has physical &/or legal custody of a child born out of wedlock among parents that dont live together? Mom or dad?

Both signed a paternity affidavit and there's been no court order, trying to not go through the process of needing one.

John Mario Acosta Jr. answered on Aug 2, 2019

Based on the information provided in your question the Mother is the physical custodian of the minor child born out of wedlock unless a court order says otherwise.

1 Answer | Asked in Family Law and Child Support for Indiana on

Q: Is my ex required to provide his wife's income during a modification since that is a second income for his household.

He was not originally married when the support order started.

John Mario Acosta Jr. answered on Aug 2, 2019

Based on the information in your question no he is not.

1 Answer | Asked in Divorce for Indiana on

Q: Wife filed in a non resident county. Is that legal. Will it stand up in court?

We both live in Marshall county. She filed in St. Joe. Can we still get divorced? Is that allowed?

John Mario Acosta Jr. answered on Aug 1, 2019

Based on the information provided in your question I would say no. Most counties and states have a minimum residency requirement in order to file an action.

1 Answer | Asked in Adoption, Family Law and Military Law for Indiana on

Q: What has to be done to get out of a military contract prior to going to naval academy.

My brother in-law just turned 18 and is about to go to naval academy. The thing is he never wanted to be in the military. Both he and my wife lived in an abusive adopted household and he was forced to enlist. He only just turned 18 and finally moved out, he is willing to do all most anything, even... Read more »

John Mario Acosta Jr. answered on Aug 1, 2019

Based on the information provided in your question he would have to contact the school if he is to attend college, if he has an enlistment contract he would have to talk to the recruiter who signed him up to try and void it. If her can't by the time he is supposed to leave I would advise him to... Read more »

2 Answers | Asked in Immigration Law for Indiana on

Q: A citizenship question. My husband of 10 years is from another country and is here illegally. We have a 5 yr. old.

At the time of our marriage it was unknown to me that he was not a citzen. He "obtained" a social security card before we met. He has a state i.d. but no license. 1. Is our marriage legal? 2. If he goes to try and clean this up and make his citizenship fully legal, what are the likely... Read more »

John Mario Acosta Jr. answered on Aug 1, 2019

Based on the information provided in your question yes your marriage is legal and he can try and file a petition for a spousal visa but there could be consequences for him being her out of status and for utilizing someone elses SSN.

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1 Answer | Asked in Criminal Law and Military Law for Indiana on

Q: Been wanting to join the army but i have a level 6 felony the lowest of felonies that i pleaded to a lesser charge

How can i get a waiver to enlist

John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information contained in your question it would be up to a recruiter to apply for the waiver to enlist, nothing really an attorney can do for you.

1 Answer | Asked in Family Law for Indiana on

Q: When does child support end in Indiana?

John Mario Acosta Jr. answered on Jul 30, 2019

Based on your question it can end at 19 if the child is not in post secondary education.

1 Answer | Asked in Child Support for Indiana on

Q: I was recently told child support does NOT end at 19. Can someone please verify this?? Indiana

Info online says yes it does end at 19 but may be ordered to pay postsecondary school, which has already happened. Can one be forced to pay support and college expenses after age 19? I need a definite answer. I was told the law just changed a couple months ago (by an attorney) but cannot find... Read more »

John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information provided in your question it can terminate at 19 if the child is not in college then it is converted to secondary education expenses.

1 Answer | Asked in Family Law for Indiana on

Q: Is an "in hospital" paternity affidavit still valid if both parents were in the same room at the time of signing?

John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information provided in the question yes it is valid.

1 Answer | Asked in Juvenile Law for Indiana on

Q: If my cousin that is 17yrs old runs away can the friend she is staying with get in trouble with the law?

John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information provided in your question it is a possibility the friend can get in trouble.

1 Answer | Asked in Divorce, Family Law, Identity Theft and Libel & Slander for Indiana on

Q: How long does a woman have to change her name after the court restored the name she requested? It’s been seven years.

The woman has picked up many charges and is using my last name to do so including a recent deception charge. She’s trying to impersonate my children’s deceased mother as well in hopes of becoming the payee for disability or social security. Plus, she’s squatting in a deceased man’s house... Read more »

John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information provided in your question as long as the court issued an order she could restore her maiden name upon the dissolution of marriage then it can be done, even though the order if old.

1 Answer | Asked in Child Custody for Indiana on

Q: How do i get my license back if they are suspended for back child support

John Mario Acosta Jr. answered on Jul 29, 2019

get in touch with the local IV-D prosecutor's office and work out a payment plan and they will send something to the BMV to lift the suspension.

1 Answer | Asked in Child Support for Indiana on

Q: If the father of my child makes payments over the monthly total does that allow him to short the payments on other month

John Mario Acosta Jr. answered on Jul 28, 2019

Based on the information provided in your question and your current situation no the child support is calculated at 52 weeks per year not by weeks in a month. The State of Indiana uses an online support calculator whatever number it says should be paid weekly is what should be paid.

1 Answer | Asked in Child Custody for Indiana on

Q: My ex gave me a warning he filed for 50/50 custody but he is making me primary adult. Can i decide on the school?

John Mario Acosta Jr. answered on Jul 19, 2019

Based on the information you provided in your question and your current situation it seems you will have joint legal custody and you will be the primary physical custodian of the child. You still have to agree on the health, religion, and educational needs of the child, so you have to agree on the... Read more »

1 Answer | Asked in Family Law for Indiana on

Q: My 12 year old no longer wants his father to have parenting time, does he have any options?

My son hates being forced to go to his father's house. They fight often, and due to different parenting styles they are VERY strict. They ration his food and wont give him his medication while he is there. He has a sorted legal history and has even had supervised visitations at one time with my... Read more »

John Mario Acosta Jr. answered on Jul 17, 2019

Based on the information provided in your question and your current situation your son does not have the option to choose until he is 18. There is a statute that allows for his input with the court at 14, the courts look for what is in the best interest of the child.

1 Answer | Asked in Family Law for Indiana on

Q: How do I find out what attorney took over our previous attorneys cases?

John Mario Acosta Jr. answered on Jul 17, 2019

Based on your question and your situation you should have been contacted by the new attorney by phone, email or letter. Additionally, there is a website in Indiana that is called MyCase which a public access portal you can view your case and the status the filings, etc.

1 Answer | Asked in Divorce for Indiana on

Q: If my spouse filed for divorce with an attorney, , do I have to file a pro se appearance for myself?

My spouses filing only included the petition and the attorneys appearance, 2 pages. There was nothing included for what my spouse is requesting for me to "respond" to. I was just unsure if I had to file an appearance for myself since I would be pro se if I were to request anything or not from my... Read more »

John Mario Acosta Jr. answered on Jul 10, 2019

Based on the information you provided in your question and your current situation, you can file a pro se appearance but it is not really required unless by local rule of your jurisdiction. You should have also received a summons and a court date on that summons to appear in court. If you want to... Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on

Q: Mother and stepfather owned a home mom died in 2013 he took her name off title now wants to sell

This is in pennsylvania...They had no kids together but Mom has 4 children surviving. He is selling the property are we etitled to a portion as there was no will left.

John Mario Acosta Jr. answered on Jul 9, 2019

I do not have a license to practice law in PA only in IN, so with that said this may not apply to the laws in PA, but based on your question and situation if she did not leave a will then he is the one entitled to the property as her surviving spouse.

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