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Questions Answered by Troy Tyson
1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »

Troy Tyson
Troy Tyson answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Could there be repercussions for forgoing make up parenting time? Do I have to have a reason to forgo?

I offered custodial parent an opportunity for additional parenting time, which was accepted. I don’t have an acceptable time in which to schedule the make up time, so I am opting to forgo the two days I lost.

Troy Tyson
Troy Tyson answered on May 6, 2021

If it happens just one time, you're fine. You don't want it to become a pattern, though, because the custodial parent could try to use that behavior against you to suggest you are not interested in using all of your parenting time.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughter's father and girlfriend are denying me of getting and spending time with my daughter we haven't been to cour

I have video proof of my daughter's father and his girlfriend being high while they have my daughter letting another kid hit my daughter out of anger my daughter's father coming at me rude and defensive in front of the kids

Troy Tyson
Troy Tyson answered on Apr 15, 2021

You can consider filing an action for contempt and possibly a modification of custody. It would be a good idea to sit down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I may be moving interstate with 9m left on lease. Landlord said I have to pay the whole 9m on leaving. Is that legal?

So I may have to pay $7,450 on leaving? What happens if they lease it out in 1 month?

Troy Tyson
Troy Tyson answered on Apr 6, 2021

Technically, yes. However, in practice, most judges will require a landlord to show good faith in marketing and reletting the property to a new tenant, and generally a landlord is given 2-3 months for this purpose (some exceptions permitted for exceptional circumstances). Courts will usually... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: In Indiana if you have 9 months left on lease then evicted, do u still have to pay the remaining 9 months after eviction
Troy Tyson
Troy Tyson answered on Mar 17, 2021

In theory yes. However, after you leave the unit, the landlord has a duty to make a good faith effort to find another suitable tenant, and most judges will allow landlords 2-3 months to do this. Judges will usually be hesitant to find the tenant liable for anything more than that, under the... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can an Ex spouse make me or my bF produce text messages between him and I to use in contested custody Indiana Case?

We have been dating a year, they have been divorced 7 years and my presence has caused a heated court battle that I keep getting dragged into. I do not want my personal messages between us in court or her hands. Can I fight this as I am not a party in their custody battle.

Troy Tyson
Troy Tyson answered on Mar 11, 2021

That really depends on the specific facts of the situation and what evidentiary objections you may be able to present. This can be a complex issue, and you should seriously consider sitting down with an experienced family law attorney to go over your options.

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.

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