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Indiana Family Law Questions & Answers
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 Child Support and Family Law for Indiana on
Q: Is it possible to end *back* child support payments if both parties agree?

I was married in Indiana in 1993, had a child in 1994, and divorced in 1996. My ex wife had sole custody until he turned 19. There was no child support order in place (that I know of) for this whole time, but once she became disabled and was forced to stay for quite some time in a nursing facility,... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 17, 2020

It is possible for the party receiving support payments to waive child support arrears. However, if the state provided cash benefits to the mother at any point during the child’s minority a waiver of child support by the mother will only be granted up to the amount owed less what the state is... Read more »

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can a judge ask for a step parents income in child support modification?

My husband filed modif. Of child support due to work loss and disability. The hearing was today where his ex wife's attorney wanted to know my income and how many hours I work a week. The judge made my husband answer. I feel violated as it's my personal right to my own information and i... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 11, 2020

Generally the answer is “it depends”. The judge can allow the question, but he or she should not make a finding or ruling on your ability to pay child support that includes consideration of a step parents income. There are caveats to that. For example, if the income is derived from your work... 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 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 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 Civil Litigation, Criminal Law, Family Law and Juvenile Law for Indiana on
Q: What laws are broken in the theft of a communication device creating a safety risk?

I live in Indiana, the device was taken from a minor and is used to ensure safety by making sure she can remain in contact with a parent when playing with a group of friends a short distance from home at a playground, about half a block away from home. A teenager has been taking it from her to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 19, 2020

Have you called the police about this?

1 Answer | Asked in Civil Rights, Social Security and Family Law for Indiana on
Q: If i where to get married, and then in the future need to go on disability (due to health) would i be able to get ssdi

My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin

Susan Michele Schaefer
Susan Michele Schaefer answered on Nov 15, 2020

Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI... 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 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 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.

1 Answer | Asked in Family Law for Indiana on
Q: Is there a way to stop my sons fathers girlfriend from "third party interference"?

I am having some third party interference issues from my sons fathers girlfriend. We have joint legal custody, but cannot co parent well and I believe its because of her interference. She includes herself in things that should be me included in, as the mother. Recently I went to my sons fathers... Read more »

Troy Tyson
Troy Tyson answered on Oct 29, 2020

The girlfriend is not to be participating in this way, since you and the father have legal custody of your son. However, you may need to take it the matter to court to have that firmly established.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Patents (Intellectual Property) for Indiana on
Q: I’m a 19 year old female an my boyfriend is 16 an we are pregnant can We get in trouble?Would we have to deal with dcs
Andrew L. Bennett
Andrew L. Bennett answered on Oct 12, 2020

You are both of legal age, there are no issues unless he was 15 when you got pregnant.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If a woman who has 50/50 custody gets put in jail, are her rights taken away

She will be in jail for about 2 and a half years, and has split custody with the child's father. Father will be caring for the child full time while mother is in jail, wondering what happens after she gets out of jail/what her rights will be during the whole process

Troy Tyson
Troy Tyson answered on Sep 28, 2020

Not automatically. Either the father will need to file for a modification of custody, or DCS could intervene.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What rights does my child’s father have that will hinder/prevent my move to another state?

I wish to relocate back to my home state. The father and I are not in agreement about co-parenting nor does he support it. He has a stretch of absences in her life that confuses me as to why he is so resistant. The child does not know him and cries upon his presence. Any relationship established... Read more »

Troy Tyson
Troy Tyson answered on Sep 1, 2020

You will need to file a "notice of relocation" with the court. The father can object to the relocation and request a hearing. If that happens, the court will hold a hearing and make a determination based on what is in the best interests of your child. The court may consider a variety of... Read more »

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