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Questions Answered by Troy Tyson
1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If i get divorced from my childerns father can i take the kids out state with me to my parents house.
Troy Tyson
Troy Tyson answered on Feb 24, 2021

That will largely depend on the orders issued in your case. You should speak with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: If I’m the legal parent can I transfer a current guardianship to another person; a different guardian?

I’m currently trying to see if I can transfer guardianship of my daughter from her current guardian to my mother (her grandmother) and make her the legal guardian. Her current guardian has moved her out of state without my knowledge.

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your mother can file a petition to substitute or transfer the guardianship. The court will make a decision based on what it perceives to be in the child's best interests.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Can my x have his gf around my daugher

They will not tell me her name. And my x went against my wishes when I asked him to not have his gf around our toddler till I met her and was comfortable with it

Troy Tyson
Troy Tyson answered on Feb 10, 2021

That will largely depend on the girlfriend's background, and also whether you have a formal custody order in place (and what it says). You should speak with a family law attorney to discuss your case in more detail.

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can landlord sell the home after I have been renting for 19.5 yrs, lease isn't up and new people r sueing and evicting

Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

1 Answer | Asked in Small Claims for Indiana on
Q: Can I be sued for an old debt to a person in IN? I dispute the debt amt but had made small payments to them over yrs.

Debt was for boarding livestock. Land owner stopped paying me for farm labor so I stopped paying the board bill. Debt is from over 13 yrs ago. I dispute the debt and amt due to their handling of money owed to me for work done. I had been making small automated bill-pay paymentsover the years... Read more »

Troy Tyson
Troy Tyson answered on Feb 10, 2021

If they do sue, your argument for the 10-year limit would appear to be a strong defense.

1 Answer | Asked in Divorce for Indiana on
Q: What’s the best recourse to get stimulus monies wrongfully held by an ex-spouse?

My daughter’s divorce was finalized in the first quarter of 2020 so she and her ex filed their 2019 taxes together. Fast forward to the stimulus monies. They have two children and agreed going forward they would each claim one as a defendant on their taxes. Because of filing jointly in 2019,... Read more »

Troy Tyson
Troy Tyson answered on Feb 3, 2021

If you are unable to negotiate a resolution with the other party, then your best bet may be to file a motion for rule to show cause (motion for "contempt") in the court where their divorce was finalized, and ask the judge to force him to pay her the money.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I have been staying at a resident for 3 months and I receive mail but I'm not on the lease do I have to be evicted
Troy Tyson
Troy Tyson answered on Feb 3, 2021

That would depend on a variety of factors, including whether the landlord knows of your presence there. However, if you are staying in a location and the landlord is trying to kick you out, it might be better to just negotiate with them and request adequate time to move, rather than risk having an... Read more »

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Child support was never taken out of my pay. My ex will confirm it has been paid. How do I prove that to the court?

My children are now both over 19 years old. Per Indiana law they are emancipated from child support. It was never set up to take child support out of my paycheck / wages. However I made all payments and my ex-wife will confirm that I have. What document(s) do I need to provide for the court as... Read more »

Troy Tyson
Troy Tyson answered on Jan 27, 2021

How did you pay her? If you paid with anything other than cash (e.g. checks, money orders, electronic payments) then the best thing to do is simply produce that documentation (cleared checks, money order receipts, etc.). If you paid by cash, then any receipts you received from the mother will help.... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Indiana on
Q: Do I have to pay child support if child has been removed from the home by dcs for the reason the mom kicked them out?

Mother is having felony neglect charges

Troy Tyson
Troy Tyson answered on Jan 25, 2021

That depends. It is possible, but usually that decision will be made by the court that is handling the DCS case.

1 Answer | Asked in Family Law for Indiana on
Q: If the paternal grandmother has guardianship, how do you go about the maternal grandmother getting visitation??
Troy Tyson
Troy Tyson answered on Jan 25, 2021

You would need to file a petition for grandparent visitation in the court that issued the guardianship. You should review Indiana Code 31-17-5 for more information on this process and the requirements. You may also want to consider speaking with an experienced family law attorney about your case.... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What is the procedures for me to get my kid to live with me
Troy Tyson
Troy Tyson answered on Jan 25, 2021

If there is no court order in place, you need to file a petition to establish custody with your local court. If there is already an order in place, then you'll need to file a motion to modify that order. You should consider sitting down with an experienced family law attorney to discuss your... Read more »

2 Answers | Asked in Civil Rights for Indiana on
Q: What type of an attorney do I need for civil rights violations 14th amendment and others, against myself and children ?

Are there attorneys who will listen to you for a free consultation for more than 15 minutes

What I need to say would take more than 15 minutes but I really need one person who would listen to it

Troy Tyson
Troy Tyson answered on Jan 25, 2021

You need to locate a civil rights attorney for that. You can use Justia to find attorneys who specialize in that area.

Many offer free consultations.

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can we break a lease if our landlord isn’t doing anything about an almost daily nightly noise complaint we have to make?

Our neighbors have a sub woofer in their apartment and they play music all night long. We have called the complex’s courtesy officer, sent emails and have tried to set up meetings with management but they keep ignoring us. This has been going on for months and we have saved all our communication... Read more »

Troy Tyson
Troy Tyson answered on Jan 12, 2021

You should advise the landlord that you are prepared to take additional legal action if the problem is not quickly dealt with. A satisfactory informal resolution is probably your safest, quickest outcome here.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: What Court Form do I use to petition Indiana court to terminate arrearages on two adult children if both parties agree?
Troy Tyson
Troy Tyson answered on Jan 11, 2021

You should contact your local court clerk, they may have templates you can use. You should also consider consulting with a family law attorney, who can possibly help you draft the document you need.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can my husband ex keep him from seeing daughter because new wife?

She will not let him see daughter cause we are married with our own son an live together. She has sole custody an he has reasonable rights an pays child support. Isn't this contempt of court?

Troy Tyson
Troy Tyson answered on Jan 6, 2021

The answer would heavily depend on the specific facts of your case, but in most cases, parents cannot withhold children simply because the other parent has married. She may be in violation of the court's order. It might be worth your while to sit down with an experienced family law attorney to... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I need to move because of a job, can I break my lease, move, and continue paying monthly based on term of my lease?

I may need to move to another state with X months left on the lease. Can I break the lease, move out, and continue paying rent to them monthly until 1. I've paid for X months to cover the lease term or 2. They find someone to rent it before X months is up?

Troy Tyson
Troy Tyson answered on Dec 30, 2020

You will need to consult your lease and speak with your landlord. Typically, leases will spell out some provision that will allow a tenant to break the lease early, provided they pay for a certain number of additional months, or penalties, or both. Also, your landlord may be willing to allow you to... Read more »

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can I get sued for breaking lease for unsafe living conditions?

My landlord rented us a house in September. We signed a year lease. It only had window ac unit as air conditioning. He wrote in lease he would not fix ac unit. We told him it had mold and he refused to fix. We told him we were moving out and was out by October 3rd. He is now trying to sue for... Read more »

Troy Tyson
Troy Tyson answered on Dec 30, 2020

You will need to defend against the lawsuit, based on the claim that the landlord failed to provide suitable living conditions to you, which is required under statute. See Indiana Code 32-31-8-5.

1 Answer | Asked in Child Custody for Indiana on
Q: A grandparent attains legal guardianship on a minor. Who pays child support to the grandparent? At what age does it end
Troy Tyson
Troy Tyson answered on Dec 29, 2020

Guardianship cases of this type can vary widely in regards to the child support provisions. However, the terms of child support should be clearly spelled out in the court's order granting guardianship to the grandparent.

1 Answer | Asked in Divorce for Indiana on
Q: How can i protect my house during a divorce. Owned home 18 years married 1 year
Troy Tyson
Troy Tyson answered on Dec 18, 2020

All assets in a divorce are, on the surface at least, deemed to be in the "marital asset pot". However, you can argue (either at mediation or in court) that the house should be exempted due to the circumstances you described. It might be a good idea to sit down with an experienced family... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: I cant afford a lawyer how do I answer a Dissolution??
Troy Tyson
Troy Tyson answered on Dec 17, 2020

You should ask the court if they have templates available that you can use. Many courts do. Also, you should consider contacting your local bar association to see if the offer pro bono or modest means representation. That might enable you to obtain representation for your case at an affordable... Read more »

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