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Questions Answered by Betsy Walits

2 Answers | Asked in Social Security for Indiana on

Q: what does waiting on ALJ for draft instructions mean

Betsy Walits answered on Apr 18, 2019

I don’t know where you are getting the language from but the ALJ is the Administrative Law Judge. So it’s in the pipeline waiting for the Judge to write something,

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1 Answer | Asked in Social Security for Indiana on

Q: I was told I couldnt view my exhibit file for my ssdi claim since my case was pending. Is this correct?

Betsy Walits answered on Oct 12, 2018

If self represented, you’ll get a CD before your hearing. If represented, your Atty should be able to view the file at any time. SSA controls when people can/cannot view their file.

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on

Q: I need to file for divorce. I’m sick and currently can not work due to medical reasons. He gives me no financial support

Betsy Walits answered on Oct 10, 2018

You can file and ask for a provisional hearing, during which you can ask for provisional support.

1 Answer | Asked in Divorce for Indiana on

Q: If terms of a divorce decree are breached can the injured party sue for damages?

Betsy Walits answered on Sep 6, 2018

It depends on what terms are breached, but generally yes. Contact an attorney in your county and he or she can tell you how.

2 Answers | Asked in Divorce for Indiana on

Q: I am getting a divorce and my husband is trying to go after half of everything.

I have supported him completely for the last 20 years. He has his own business, but none of the money from that business was contributed to the family income. I paid for the past two years of our daughter's college, have paid every bill, have made insurance payments for his life, car, etc., and... Read more »

Betsy Walits answered on Aug 1, 2018

You need an attorney yesterday. Anyone who has substantial assets needs an attorney. He should get half minus the value of his business but it appears you aren’t calculating it properly. You really need an attorney!

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2 Answers | Asked in Divorce for Indiana on

Q: Indiana. Child support calculation legally separated.

I am legally separated and have been for the past eight months. I am paying child support now. When we go to final decree, At which point is the gross income calculated for the new child support figure? In other words do I pay the existing child support amount or is it calculated by my wife’s... Read more »

Betsy Walits answered on Jul 14, 2018

You need to make an argument about that. You need to get her current pay stubs and yours. If you don’t have attorneys the judge will have to calculate or you can use the online calculator.

They can take her YTD or her current salary. Make sure to identify the date new CP numbers will go...
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1 Answer | Asked in Divorce for Indiana on

Q: I can’t get my name off the marital home, he isn’t able to refinance, how do I get the judge to honor the decree?

Divorce final 02/06/17, he was given 120days to refi, he didn’t get the refi until July but it required me to sign not only quit claim but a release of judicial lien. He owes me 500/mo for 3 years so I asked my attorney before signing that doc. He advised me not to sign, my ex filed contempt... Read more »

Betsy Walits answered on Jul 13, 2018

You probably need an attorney to file a motion to sell the home if it cannot be refinanced.

The judge cannot force someone to give him a loan. You need to ask for an alternative remedy.

1 Answer | Asked in Divorce for Indiana on

Q: How much to file for a divorce

Betsy Walits answered on Jul 13, 2018

The filing fee can vary by a few dollars county to county, but our office generally pays $ 182 for Porter county including credit card fees. There is an additional fee for personal service. This fee is paid by the client.

As for retainers I am personally aware that retainers range from...
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2 Answers | Asked in Divorce for Indiana on

Q: Ex is to provide monthly Child Support payments and has barely made any payments, EX MIL says No Job, No Money.

My ex is to provide child support monthly due to a provisional order. He has barely paid and not consistent. While the ex MIL says No Job, No Money. Is he being in contempt?

Betsy Walits answered on Jul 13, 2018

File contempt charges against him. The order is the order until he asks the court to change. If he files a motion, the court will reduce CP until he gets a job. If he’s legit.

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1 Answer | Asked in Divorce for Indiana on

Q: I recently went through a split with my wife. She was granted the house for 30 days whereupon I got to retake residency.

When I returned the house was completely empty including my deceased father's birth and death certificates and his guns, except for 2 pieces of furniture that were tore up and smelled like cat pee, a tv that didn't work and 2 other big furniture items. All that had to be burned. She was ordered not... Read more »

Betsy Walits answered on May 27, 2018

You need to file contempt charges(AKA Rule To Show Cause). Go to the clerk of court tell them what you need to file and maybe they have a form. If they don’t, type up a doc that has a similar heading to the others, number your paragraphs and say what happened in one sentence each. Ask for a... Read more »

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on

Q: Divorced 5 years ago. Husband awarded house in decree with no time limit to refinance. Still in both our names.

Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and... Read more »

Betsy Walits answered on Apr 29, 2018

You would file contempt charges against him if your order states he needs to take the house out of your name. Sounds like he has bad credit now so you’d have to ask the Judge to order the sale of the house.

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1 Answer | Asked in Divorce for Indiana on

Q: My daughter-in -law states in initial divorce paperwork that she has no money in her retirement account.

Other people who work at her employment have over $100,000 in their funds and she has worked several places in the last 20 years.

Betsy Walits answered on Apr 25, 2018

This is not a question; a litigant in this situation needs an attorney who will demand statements of retirement accounts, by subpoena if necessary. Both the attorney and client need to feel satisfied that all discovery has been exchanged. In Lake County a “readiness certificate” must be filed... Read more »

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Indiana on

Q: How do I protect myself while buying a house before I file for divorce? All bank accounts are separated.

Betsy Walits answered on Apr 23, 2018

You don’t. Having bank accounts separated is also irrelevant unless by agreement. Therefore, you can protect yourself by agreement only, no other method is foolproof. I would hire an attorney who would negotiate this with your spouse or wait until you have time to negotiate after filing.

3 Answers | Asked in Divorce for Indiana on

Q: Can you file for Divorce prior to terms of property settlement

I would like to file the paperwork to hopefully expedite the divorce.

Betsy Walits answered on Apr 16, 2018

Yes. You cannot get divorced in IN for 60 days post filing so it would be assumed you would file before the property settlement. In mediation you might do the two simultaneously but you still have to wait 60 days.

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1 Answer | Asked in Divorce for Indiana on

Q: I filed and got divorced but I didnt sign the final divorce decree papers is my divorce legal and finalized

Betsy Walits answered on Apr 14, 2018

I highly doubt it. A decree has to be issued. If you haven’t re wives the decree either you were unreachable or it was never filed. If in Indiana call the office at 219-508-8607 Tuesday. I’m in another stare call the clerk of the court.

1 Answer | Asked in Divorce for Indiana on

Q: I filed for divorce in Wayne county Indiana. I moved to Dearborn county. Am able to which my petition to Dearborn?

Betsy Walits answered on Apr 13, 2018

It’s possible. If your spouse lives in the old County you can keep it there, but you don’t technically have the residency requirements for three months after you move. Within the 3 months you could transfer by agreement.

1 Answer | Asked in Divorce and Child Custody for Indiana on

Q: My husband filed for divorce from me, I’m pregnant and don’t want him in it’s life due to he’s abusive. How do I protect

Husband was abusive to me for almost all our marriage, conception was 2 days AFTER he had filed. How do I protect my child from him being in its life

Betsy Walits answered on Apr 2, 2018

First of all, most courts won’t let you finalize your divorce until paternity is proven, and that means the baby will have to be born. If he is violent with you, ask for a protective order. That way with the protective order in effect when your divorce is finalized, it will be easier to show... Read more »

2 Answers | Asked in Child Custody and Divorce for Indiana on

Q: Ex wife was arrested for drugs, had our kids in the car with her. Kids went to their aunts not me. We have joint custody

Can I file for emergency custody and physical custody?

Betsy Walits answered on Apr 2, 2018

If you have an order that says you have joint residential custody, you might be able to get the police to help you get your children. If you have joint legal custody but not residential, you’ll need to file for emergency custody.

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