Indiana Questions & Answers

Q: I have shared custody and my ex got remarried. Can I get out child support since her household income went up?

1 Answer | Asked in Child Support for Indiana on
Answered on Sep 19, 2017

You are almost never going to be able to get out of paying child support. That said, if your ex spouse is now married again her new income could be factored in to how much you have to pay for child support. Any modification of your child support is going to require a court order of the child custody agreement though.

Consult with a family law attorney in your area for representation and legal advice.
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Q: My tenants are disputing letter sent itemizing damages for not returning security deposit. What is my next step?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Sep 19, 2017

Your next step is going to depend on what you want to do. Your former tenants can dispute the itemized damages all they want. They could sue in Small Claims in an attempt to recover it but it sounds like you have a mound of proof and damages to come back at them with.

If you want to recover against your former tenants you would need to initiate your own lawsuit against them. If the damages are over $6,000, you will need to do this outside of Small Claims court.
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Q: I fell off a ladder at a friends house when it broke and ended up with a compound fracture. Can I sue him?

1 Answer | Asked in Personal Injury for Indiana on
Answered on Sep 19, 2017

Yes you can sue him. Whether or not you'd be successful is another question. Your best bet would be to consult with a personal injury attorney in your area for legal advice and representation. Many personal injury attorneys give free consultations.
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Q: I want to move 2 hrs away to be with my boyfriend. I am primary physical. Can my sons father prevent this?

1 Answer | Asked in Family Law for Indiana on
Answered on Sep 19, 2017

Yes, he can. Before you move you will have to petition the proper court to allow for your relocation. The father of the child can prevent you from moving away by requesting the court to not allow you to move.
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Q: Can paternal grandmother serve papers at mothers workplace for grandparents rights?

1 Answer | Asked in Family Law for Indiana on
Answered on Sep 19, 2017

Personal service is service when it comes to a court proceeding in Indiana. That said, she cannot just drop off papers at your place of employment and consider you served.

If there is no case number then there is no court proceeding. That said, you should attempt to search for your name, the name of your child and t he name of the grandparent to see if there is indeed a case that has been opened regarding this matter.

If you were 'served' these papers and have a copy, the...
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Q: If my boyfriend is getting a divorce from his wife and she has already moved out an I aloud to move in the home

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 19, 2017

There's no law that says a divorced or even a married couple going through a divorce cannot cohabitate with others.

However, if the wife is still on the title of the house she can still have access to the house and even choose to continue staying there. If there is an interim order entered by the judge that the wife will continue to have access to the house or will use it as her primary residence, she could also continue living there. The wife may even ask the judge to boot the husband...
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Q: I pay $600/month child support. My ex is wanting me to pay for an optional Disney Band trip for my child. Am I obligated

1 Answer | Asked in Child Support for Indiana on
Answered on Sep 19, 2017

Your child custody agreement is going to govern whether or not you are obligated to pay. Clearly you do not believe that an optional band trip to Disney is an educational expense. However, if it is through a school program, chances are high that it is. If you do not believe this to be the case though you can always go back to court to dispute it but you may not like your outcome.

Consult with a family law attorney in your area who handles child custody disputes for legal advice and...
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Q: I was ticketed for a failure to signal or intent to as I was merging into a turn right lane. Should I fight the ticket?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Sep 18, 2017

You have several options; you can pay the ticket and depending on your record it may not effect it much, but your insurance rates will increase. If you fight the ticket it will be set for a bench trial and the state has to prove by a preponderance of the evidence that you committed the violation. That means who does the judge believe more, you or the officer. The prosecutors office likely has an infraction deferral program that would keep it off your record. You can also see if the...
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Q: My boyfriends sons mom let him come live with us and go to school here. Can she just come and take him away?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Sep 15, 2017

The answer is going to depend on whether or not there is a court order or agreement in place.

Assuming that she has sole physical custody of the child, yes she can. If there is some sort of child custody agreement or order in place, both parents have to abide by it. If the mother is not abiding by the agreement then your boyfriend needs to go to court to get it enforced.
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Q: If I get remarried, can my new wife's income affect my child support amount?

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Sep 15, 2017

Technically, yes. Your new wife's income can affect the amount of child support you pay because you will now have more income available to you. That said, in determining your child support obligation the court also has to weigh any other children you have an obligation to support against the rest of them. Consult with a family law attorney who handles child support.
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Q: Reguarly about 45 mins late to job bc of another job. Talked to manager and relevant employees, assured it was ok. Not

1 Answer | Asked in Employment Law for Indiana on
Answered on Sep 15, 2017

Unfortunately, you are most likely an at-will employee. You can be fired at anytime for almost any reason. Your employer could fire you for not liking the way you dress or for not meshing well with the other employees on a personal level. In this case, being 45 minutes late is a perfectly valid reason to let you go.
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Q: Getting ready to get married in 4 days. I received my decree of dissolution of marriage can i get my marriage license?

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 15, 2017

Assuming you meet all the other requirements to marry your future spouse, yes, since you are now unmarried and officially divorced you can get married again.
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Q: Can I break off my lease without penalty because my landlord has failed to rid our apt of mice? I keep a VERY clean home

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Sep 15, 2017

This falls into a murky area in landlord/tenant law. Yes, you can elect to unilaterally break your lease on grounds of constructive eviction. Constructive eviction occurs when the landlord fails to make necessary repairs or does not maintain or keep up the property to a livable standard. When this occurs the tenant may elect to break the lease and move elsewhere.

That said, claiming constructive eviction is not a dispositive claim. Simply saying you have been constructively evicted does...
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Q: My son's on again off again father says he need my son's SSN to file for visitation? Am I in the wrong?

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Answered on Sep 15, 2017

You are in a very serious situation here. Your number one priority should be protecting your child if there are instances of abuse or neglect. Report the father to Child Protective Services now. If the father does not have visitation rights now or any sort of court ordered custody, you are under no obligation to let your son see him.

As to the child's social security number, I am not aware of any requirement of the non-custodial parent to have the child's social security number to file...
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Q: How do I find out what is going on with my divorce? I paid the fee and turned in paper work and haven't heard anything.

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 15, 2017

In Indiana you can check online through mycase.in.gov to see the status of the case. You can search by attorney name, party name or case number.

The easiest way to get an update is to contact the court you filed in and talk to the clerk. Call around or visit the courthouse to inquire about the status of your case.
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Q: If I pay off my owed child support, do I still have to go to court summons?

1 Answer | Asked in Child Support for Indiana on
Answered on Sep 15, 2017

Based on the limited information you have available here, it is always better to show up for a court date than to skip it. If nothing else you can show up and present to the court proof of your payment and have the matter dismissed or have the record updated to show you have fulfilled your obligation. Do not skip court dates.
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Q: I am 17 and want to buy a house BUT have no way to start. I have no credit or any training to know how to start. Help!!

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 15, 2017

Generally, minors cannot enter into binding contracts, so you will probably have to wait until you're 18 to try to buy a house. Banks and mortgage companies won't deal with you for that reason alone, not to mention your lack of good credit. Gaining a good credit history takes time. You'll need to hold a job continuously for a period of years, borrow and timely repay some loans, things like this. Rent payment history also helps, so you should probably plan on renting a place to live until you've...
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Q: Father passed away in 2011, my mother was sole beneficiary. All assets were jointly held. His estate was not probated.

2 Answers | Asked in Probate for Indiana on
Answered on Sep 14, 2017

If ALL the property was in joint name, then no, there won't be problems because you didn't probate your father's estate. HOWEVER, what happens after your mother passes is another question. SHE should have an appropriate estate plan in place now more than ever to insure things go smoothly for YOU (and any siblings and anyone else she might want to include in her plans) and even more importantly put in place documents to insure there is a 'legal' option for someone to speak for her should she be...
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Q: I was pulled over for speeding and I have a suspended license I was never issued a ticket for the suspended license

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Sep 13, 2017

The short answer is yes. If your status is suspended infraction then its not likely to have the infraction charged filed later if the police officer did not do it at the time of the stop. However, if your status is suspended prior or suspended misdemeanor then the prosecutor may elect to add those charges. Regardless if the charges are filed you should speak to an attorney about the speeding ticket so you don't make your driving status worse.
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Q: I have some small claims court issues that I need representation, what is the basic charge for something like this??

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Answered on Sep 12, 2017

There's no definitive answer that anyone here can give you. Attorneys all have different fees and fee schedules. Some may offer a flat fee while others ask for a retainer. Others may charge hourly and bill you later. The only way to get a definitive answer is to call attorneys and ask them.
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