Indiana Questions & Answers

Q: My son is ordered to complete 95% of his parenting time with his 15 month son before he is able to have ANY OVERNIGHTS?

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Answered on Apr 18, 2018
John Mario Acosta Jr.'s answer
Based on your question and without reading the visitation/parenting time order, usually in my experience most parents are supposed to have paid 95% of their child support in order to claim the child on taxes, then according to the guideline it should be consistent parenting time for 6 to 9 months prior to the non-custodial parent receives overnights, of course this all depends on the age of the child as to how many overnights you receive.
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Q: My brother passed away. He was renting a house in Arizona. I dont believe he has anything of value. I live in Indiana.

1 Answer | Asked in Estate Planning for Indiana on
Answered on Apr 17, 2018
Alexander Florian Steciuch's answer
No one can determine if you need an attorney to go through his estate if it is unknown what might be in it. If you do need a lawyer you are looking for a probate attorney and that probate attorney would be one based in Arizona, presumably because that is where your brother was domiciled.
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Q: Can an Indiana landlord demand a 60 notice if the tenant does not intend to renew? A 45 day notice has been given.

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Apr 17, 2018
Alexander Florian Steciuch's answer
Standard notice to give on a year long lease is 30 days. You can agree in a lease agreement to more than the standard amount. Some landlords ask for 60.

If you agreed to 60 days notice then that's what is required of you.

However, this does not automatically lock you into another year or period if you did not give 60 days notice. You may be on the hook for whatever damages the landlord incurs if he or she is unable to find a tenant during those dates that no one occupies the...
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Q: I have full physical custody of my daughter, me and her father have 50/50 legal. Can i move out of state?

1 Answer | Asked in Child Custody for Indiana on
Answered on Apr 16, 2018
John Mario Acosta Jr.'s answer
You can but your daughter can't. You have to file notice with the court 90 days prior to your intent to move and he has 60 days to respond. This is an Indiana state law.
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Q: what is the penalty for time theft?

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Answered on Apr 16, 2018
Andrew Bennett's answer
Your friend should consult with an attorney, most have free consultations, depending on the level of the theft the jail possibility is none to 2 1/2 years or more.
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Q: if you have a very long prison sentence like ten years for robbery or something like that can you file for cruel and

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 16, 2018
Andrew Bennett's answer
If the sentence fits within the sentencing guidelines for the level of the offense then its difficult to claim cruel and unusual as it fits the sentence scheme.
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Q: Can an officer in Indiana , pull you over for no reason but because the owner of the car has suspened licenses

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Apr 16, 2018
Andrew Bennett's answer
If learning & confirming the registered owner has a suspended license and confirming the driver matches the description of the owner, then yes the officer can make a traffic stop.
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Q: I am curious about double sentence enhancements.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Apr 16, 2018
Andrew Bennett's answer
Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local attorney to see if a Post Conviction Remedy can be filed.
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Q: Can you file for Divorce prior to terms of property settlement

3 Answers | Asked in Divorce for Indiana on
Answered on Apr 16, 2018
John Mario Acosta Jr.'s answer
Depends on the jurisdiction and court as to bifrication of the matter.
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Q: I took over an apartment my son had and he was behind in rent. I was told I had to pay the back rent to stay here?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
If you are not abiding by the terms of your agreement you may be evicted, even if it is only a small amount. However, unless waived, a landlord is required to issue a 10 day notice to quit or make payment. You can negotiate with your landlord to avoid eviction as well.
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Q: Does the father have to have a dna test to have joint legal custody of a child even with a paternity affidavit?

1 Answer | Asked in Child Custody for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
A DNA test is not required unless there is another who disputes the paternity. A paternity affidavit is usually presumed true unless it is disputed.
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Q: How many tenants are allowed in a rental? Does it go by the number of bedrooms?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
However many tenants are allowed in a rental is going to be based on the square footage. Chances are high that there is a local ordinance that governs this wherever you are situated.
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Q: A newspaper had put false information up about me.

1 Answer | Asked in Civil Litigation for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
I'm assuming you're asking if it is worth your time to sue the newspaper for defamation of some sort. In most cases, the answer is no. If you believe that you have been substantially harmed in some way due to this false information, please feel free to consult with a local attorney for legal advice.
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Q: Can I legally get back child support for my daughter prior to her adoption by my husband?

1 Answer | Asked in Adoption, Child Support and Family Law for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
Assuming your attempts to collect back child support are within Indiana law, yes. Please be aware that there are statute of limitations for collecting back child support after a certain age, emancipation or adoption.
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Q: Child Support Calculation After Spouse remarries.

1 Answer | Asked in Family Law for Indiana on
Answered on Apr 16, 2018
John Mario Acosta Jr.'s answer
Based on your question if there has been a substantial change in circumstances child support can be re-calculated. If that is found you can request her spouses income be imputed into the calculation but you must be able to prove that the other income is covering what are the needs of the child.
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Q: My eleven year old kicked a teacher at school. They want to press battery charges on him. What should I do?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 14, 2018
Susan Chana Lask's answer
In layman's terms, Battery is an intentional and unwanted physical contact. I'm wondering why an 11 year old would kick someone in the first place, as it seems he/she has anger issues. Therefore, if you want to help your child in this situation, and likely for his/her future, you should mitigate the damage and get your child into counseling.

The court will appreciate your taking a step to help your child in this matter with counseling before the case proceeds. Usually, courts direct...
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Q: I filed and got divorced but I didnt sign the final divorce decree papers is my divorce legal and finalized

1 Answer | Asked in Divorce for Indiana on
Answered on Apr 14, 2018
Betsy Walits' answer
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.
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Q: I filed for divorce in Wayne county Indiana. I moved to Dearborn county. Am able to which my petition to Dearborn?

1 Answer | Asked in Divorce for Indiana on
Answered on Apr 13, 2018
Betsy Walits' answer
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.
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Q: I'm marrying someone from Brazil - are my children from my previous marriage

1 Answer | Asked in Immigration Law for Indiana on
Answered on Apr 13, 2018
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Q: Can we ve evicted by owners mother?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Apr 13, 2018
Alexander Florian Steciuch's answer
If the owner's mother is on the lease or an owner of the property, or is an agent or attorney-in-fact for her son, she can file on behalf of your landlord. That said, if you were given to the 7th to pay rent and she filed on the 6th you have a defense against an eviction.

Consult with a local landlord/tenant attorney in your area for representation and legal advice.
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