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Questions Answered by Troy Tyson
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 »

1 Answer | Asked in Divorce for Indiana on
Q: I got a notice for appearance with no instructions on where to appear or what that actually means. I am filing by myself

It is a without children, agreed on divorce. Where do I go?

Troy Tyson
Troy Tyson answered on Dec 15, 2020

It is difficult to ascertain what problem you are running into based on the information given. I would strongly suggest that you sit down with an experienced family law attorney who can walk you through this process. May attorneys offer free consultations and can give you more detailed guidance on... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: What should I do if the other party isn’t paying child support that is ordered? She is almost $900 behind.

Will she lose her license? She is refusing me to talk to my children when she has them.

Troy Tyson
Troy Tyson answered on Dec 8, 2020

You can bring an action for contempt in the court that has jurisdiction of the case. The court will hold a hearing, at which point you would present your evidence, and ask the judge to hold the mother in contempt and force her to pay the money owed. I would recommend that you speak with an... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I sue landlord if illegally evicted during Corona outbreak. My county is a red zone and my family is at risk.

The house was not fit to live in to begin with I was never given a key to secure my property door was screwed shut. Power was disconnected at pole and landlord claimed to be making repairs to home but nothing was ever repaired or even looked at. Was still charged rent while power was disconnected.... Read more »

Troy Tyson
Troy Tyson answered on Dec 8, 2020

If the landlord already moved to evict you, then you will likely have a hearing to determine the validity of the eviction. at that time you will be able to raise any defenses you have, or counterclaims such as the ones you mentioned.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I paid rent in full from Aug. 2020 to May 2021. Can I get my money back for the remaining months I haven’t lived there?

I moved into this apartment with my fiancé in August of 2020. We were skeptical about moving here because we are college students and there were many things broken and wrong when we first moved in. We paid the landlord rent from August 2020 to May 2021. Our heater went out yesterday and there are... Read more »

Troy Tyson
Troy Tyson answered on Dec 3, 2020

You can file an action in small claims court for what is called "constructive eviction". If you are successful in your suit, you could be awarded legal fees and court costs, as well as be reimbursed for some of the rent and your security deposit.

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Indiana on
Q: Why does the chronological case summary say that a notice of discovery was filed by me when I haven't done ANYTHING?

My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It may have been an error by the clerk. You can try to contact the court to have them correct the CCS entry.

Also yes, effective service is required on you in order for the divorce to proceed.

Hope that helps.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord evicte me even thought im not behind in rent and I will be few weeks late this next month

He will be paid in same month but demand is on the 8th I have 10 day late period with $50 charge also he will not give me a written notice of coming to property

Troy Tyson
Troy Tyson answered on Dec 2, 2020

Late or non-payment of rent is a basis for eviction in Indiana. However, generally when a tenant is behind on their rent, a landlord is required to send a 10 day "notice to quit" to the tenant, outlining how much is owed, and giving them the opportunity to pay the full amount within the... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I’m not on the lease but have stayed here for a year and have utilities in my name can the tenant kick me out ?

I’ve Ben staying with my girl for a year and we recently broke up I’m not on the lease but she is and she’s now trying to make me get out threatening me with the police even tho I get my mail sent here and I pay for the electricity and other utilities everything in the house is mine like I... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It likely wouldn't be up to her, it would be up to the landlord. If you are not on the lease, have no right to stay there, and the landlord was unaware that you have been staying there, then the landlord can have you evicted.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: I live in Hamilton county and if I file for child support does that include custody or is that another filing

I have been with the father of my children for 11 years, not married and we purchased a house 3 years ago with both of our names on it. He move out 2 mths ago and wants to take me to court for joint custody which I am assuming so he doesn't have to pay me child support. If I file for support,... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

Most likely you would file for both custody and support, and the court would treat them as one. His chances of getting joint custody really depend on the specifics of your case. I would encourage you to speak directly with a family law attorney for a more detailed assessment.

I hope that helps.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Having a court order, who can put a child in school?

My boyfriend and his ex have a court order in place giving him joint legal custody and gives her full physical, within the order, he can use his parenting time by picking up the child Wednesday night and bringing her back Friday night. He got a call from the mother yesterday telling him that she... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If the parties share legal custody, then that means that both parents are entitled to participate in making decisions on things like schooling. She is required to speak to him first on those issues and allow him input, and she cannot make those decisions unilaterally.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: How does make up time work in Indiana?

If the custodial parent accepts extra curricular activities for the child like birthday parties etc can the non custodial parent ask for those hours lost in make up time?

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If one parent has lost hours they were entitled to, most courts are very flexible in allowing the parent to make up those hours when they can. This is something you should try to work out with the other party rather than taking it to court. If you are talking about one instance of make-up time that... Read more »

1 Answer | Asked in Employment Law, Family Law and Child Custody for Indiana on
Q: My ex works second shift and as a result I exercise extended parenting time when he works. He now wants to make these ho

and he is asking to make up the hours he is missing as a result of his working. Can he do this?

Troy Tyson
Troy Tyson answered on Nov 3, 2020

Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.

1 Answer | Asked in Child Custody for Indiana on
Q: I am the father of a child who lives in denver Colorado. I live in indiana. What state do u need to hire a lawyer in.

I want my child for half the year or even some of the year.

Troy Tyson
Troy Tyson answered on Nov 3, 2020

That depends on a variety of circumstances (e.g. is there a court order in place? Where does the mother reside? How long has the child been in CO?). However, based on the information you've provided, I would say it is a safer bet to seek out the assistance of a Colorado attorney for... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can my ex-wife keep me from seeing my kids all because she's upset with me and what can I do about it?

We have joint custody but she's the primary

Troy Tyson
Troy Tyson answered on Oct 29, 2020

She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: I have a ten year old daughter and have custody. My ex just started a second shift job and as a result is not getting

His mid week visit. He wants to take it on my weekends. Doesn't first right of refusal apply? I keep getting hassled about it and am at the end of my rope. He was working first shift and got moved to second shift. He also does not keep a job longer than six months. I really need help. Thank you

Troy Tyson
Troy Tyson answered on Oct 29, 2020

He cannot force you to give up your weekends just because he started a new shift. The better way to handle this would be for him (or you) to request a modification of the custody order from the court, or for the two of you to simply work out an agreement to modify it on your own and then file that... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: Divorce is pending and he stopped paying everything and refused to leave can I legally make him leave

I filed for a divorce the beginning of oct and he still living here and has stopped paying everything he won’t pay any bills won’t help buying food nothing! He’s not physically abusive Is there a way I can make him leave until we go to court

Troy Tyson
Troy Tyson answered on Oct 29, 2020

Yes, you need to request what is called a "provisional order" from the court. This will allow you to have temporary orders put in place while the divorce is pending. You can ask the court to make him leave the house during that time. You should speak with an attorney, or contact your... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Father was ordered to pay child support in 2016 and has never paid anything. Why isn’t the state keeping track of this?
Troy Tyson
Troy Tyson answered on Oct 29, 2020

They may be. If there was a court order in place, and child support was properly set up, then the state should be keeping track. However, you may need to contact them or initiate a court filing in order to hold the father responsible.

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