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Questions Answered by John Mario Acosta Jr.
1 Answer | Asked in Family Law for Indiana on
Q: Can a 16 year old in IN choose to move in with Aunt in Florida? Custodial parent agrees but NON-Custodial disagrees.

I Adopted her 18 months ago and have custody. Her bio-mom dies in car accident 10 years ago. Her aunt is who she has the long term connection with. She has never had a real connection with her dad. Her aunt has offered to let her come live with her and I think it would be the best thing for her,... Read more »

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

Based on your question no you still need the other parties consent unless the court says otherwise.

1 Answer | Asked in Child Support for Indiana on
Q: Divorced 07/2019 with joint custody. living together since. Am i still obligated to pay child support of our 3 kids

Got divorced July 2019 and have lived together ever since with joint custody. Am i obligated to continue to pay child support while residing in the same house and taking care of my kids daily?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 2, 2020

Based on your question you need to advise the court and try to come to an agreement as to support with your ex-spouse

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: In Indiana, does the mother automatically get custody of children born out of wedlock?

My boyfriend and I have been struggling to deal with his 2 children's mother. We have both girls the majority of the time but any time she gets mad or we do something she doesnt like (like putting them to bed before midnight) she threatens to take them and never allow my boyfriend to see his... Read more »

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

Based on your question he needs to have paternity established through the courts, if he has then custody and parenting time should have been ordered by the court, if not he needs to get it done.

1 Answer | Asked in Child Support, Collections and Gov & Administrative Law for Indiana on
Q: Indiana- Will I get my sons fathers Tax Refund if he is behind 19k .

I filed for child support again and was approved His support started in December and comes right out of his check to me . Will IRS intercept refund or is it too early . The court sent a letter in late December stating he owed That amount otherwise I wouldn’t have known

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

Based on your question it is a possibility his tax refund could get intercepted.

1 Answer | Asked in Child Support for Indiana on
Q: Can a child support order amount be reduced? Family member has no income due to illness/no disability approved.

judge assigned an amount originally thought was monthly, Instead was weekly

have absolutely no income; existing at mercy of family members and friends

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

Based on your question yes you could request a child support modification.

1 Answer | Asked in Divorce for Indiana on
Q: I want to file for divorce and we have 2 kids but their grandmother has guardianship of the.m thru DC's how does that wo
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

That would not prevent you from filing for divorce

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: My kid's father hasnt paid support since it was ordered, I live in Indiana he lives in Texas how do I collect support?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

Based on your question you need to notify the court and you can attempt to collect via an income withholding order from the court.

1 Answer | Asked in Child Support for Indiana on
Q: Will I receive back child support if sons father filed taxes? He owes 19k

I re-filed for child support and started to receive payments at the end of December. He owes 19k per the letter from courts . The support has came straight from his check , so it has been paid weekly on time But if he files his taxes, will I get the back support owed ?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

Based on your question the state may do a tax intercept for his tax return and put it towards his arrears.

1 Answer | Asked in Divorce for Indiana on
Q: If an ex-spouse is not following a court order - what do I do?

No kids, but solely involves a single dollar amount he was to pay. He has not paid it and his lawyer is failing to respond to any phone call and email I make and send. I was going to file a contempt motion but was not sure this was the best route.

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

Based on your question a contempt citation should be filed.

1 Answer | Asked in Family Law for Indiana on
Q: My son's dad just lost their house and i dont know where he is. Do i have to let my son go if i don't have address

Nobody doesnt know where he is and didnt pick our son the last time it was his weekend

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

Based on your question you need to document this for your records and if you are concerned for your child's safety or it is not in his/her best interest to visit with parent at this time you can withhold visitation. This does come with ramifications but you may have some reasons to support your... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: child support

A child resides with the custodial parent for 16 years but then at 16 the child was asked to move out and move in with the noncustodial parent but neither party goes thru the courts to have support changed or modified. Both parties agreed to allow the noncustodial parent to use the child support... Read more »

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

What is the question

1 Answer | Asked in Child Custody for Indiana on
Q: I am filing for custody without a lawyer. My parents have custody but are agreeing to grant me custody back.

There is a juvenile paternity case which is what my lawyer used previously to file for visitation. Can I use that case number to file for custody or do I need to use the case number from the dcs case that was the reasoning behind my parents getting custody

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

Based on your question you would file under the paternity case number and if there is an open DCS matter under that case number as well.

1 Answer | Asked in Child Custody for Indiana on
Q: my ex has my child around a man with a recent drug charge he did time for is there anything I can do?

She was born out of wedlock and we were never married I am the father and theres no current custody agreement.

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

Yes, you can file a paternity action to establish your parental rights.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: My son mother is on drugs. My child has moved in with me for about 3 months. How can i stop paying child suppourt

My sons mother is in drugs. I have called cps about it but ahe alwaya found away to get away with it. Now a year later she lost her house amd job. My son is living with me because of the living situation . i walked in her house to pick him up for a visit

She had no fridge . no food. No... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 24, 2020

Based on the information you provided in your questions you can file a motion with the court to change custody, parenting time and support.

1 Answer | Asked in Child Custody for Indiana on
Q: If i have full custody of my son can my mother keep him from me?

My son lives with my mother but i have full custody can she not let me see him?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 24, 2020

Based on your question NO.

2 Answers | Asked in Divorce for Indiana on
Q: Any way to force the ex husband to assume the mortgage on the house he bought me out of in the divorce? He is refusing.

I had until 12/16 to be paid the money and move out. I did so and signed a quit claim deed in order to be considered by my new mortgage company for a loan on a new house. Now the ex won’t sign the loan assumption papers or refinance... what can I do?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 24, 2020

Based on your question you can file a motion with the court to address the issue.

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1 Answer | Asked in Divorce for Indiana on
Q: When preparing an affidavit as a witness, should state and county of where case is be at the top? Or state of witness?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Oct 15, 2019

The State and County of the matter/action

1 Answer | Asked in Divorce for Indiana on
Q: Can I file for divorce without a lawyer
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Oct 7, 2019

Yes.

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.
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.
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.

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