when my ex-wife and I got divorced many years ago, we had joint custody and alternated years claiming him on our taxes. Now that he is older, he never stays at her house. I ask her if I could claim him again this year because he always stays and she says no. What happens if I claim him and... Read more »
answered on Mar 4, 2023
If your son lives with you full time and you provide over half of his support, you may be able to claim him as a dependent on your tax return. However, if your ex-wife also claims him, the IRS will likely flag the returns and investigate the situation.
If you and your ex-wife cannot come to... Read more »
Is he allowed to come back to the property
Is he required to pay child support
answered on Sep 20, 2022
A Protective Order also called an Order of Protection can be filed in Family Court, Divorce Court, or Criminal Court. In order to exclude your spouse or significant other from the home, you will need to request an exclusionary order. This will require you to allege specific dates in your... Read more »
With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?
answered on Jul 9, 2022
There is much confusion about what "custody" actually means.
If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests.... Read more »
answered on Jun 20, 2022
You are not entitled to an appointed attorney in a divorce. The only time you are legally entitled to court-appointed counsel is when you are facing possible jail time (e.g. contempt of court for not paying child support, criminal cases, etc.).
However, there are several programs like Legal... Read more »
Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... Read more »
answered on Jun 1, 2022
The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.
More generally, the legal standard in Indiana is the "best interests of the children" meaning that the... Read more »
If she lied to gain the upper hand to stick me with said debt what are the penalties for doing such
answered on Mar 29, 2023
If she made misrepresentations to the Court, she could be in contempt of court if you can prove she lied.
The house after 3 months is still not on the market. I can’t contact her because of an NCO. What can I do?
We filed without attorneys.
answered on Feb 10, 2023
You should have your divorce attorney contact her divorce attorney to see if she intends to keep that promise
She promised me my family could be together and that our kids could be sisters again. I live in Indiana. Idk what I can do. If anything. She's very abusive and I could list the things I've gone thru that I have proof of. I have text messages of her promising me, not me asking her to... Read more »
answered on Oct 15, 2022
I no longer practice law and am only finishing up a few cases so I cannot assist you, I can only state basic principles.
I don’t understand the “$800 later”. If you only put 800 out of pocket consider yourself lucky.
If you want to sue her fraud you probably could, but the... Read more »
My husband purchased our house in Indiana a few months before we got married (over 10 years ago). Am I entitled to half? Does he have to sell the house and split the profits with me? The house has gone up in value. My annual income is around $80.000. Would I be financially responsible for my... Read more »
answered on Aug 12, 2021
If the home was purchased before the marriage it would be considered non-marital. But, if you or your husband have been making payments on the home during the marriage or have made improvements on the home during the marriage there may be a marital component to the home which would provide you with... Read more »
Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... Read more »
answered on May 13, 2021
You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.
If you... Read more »
answered on Feb 24, 2021
That will largely depend on the orders issued in your case. You should speak with an experienced family law attorney to discuss your case in more detail.
My daughter’s divorce was finalized in the first quarter of 2020 so she and her ex filed their 2019 taxes together. Fast forward to the stimulus monies. They have two children and agreed going forward they would each claim one as a defendant on their taxes. Because of filing jointly in 2019,... Read more »
answered on Feb 3, 2021
If you are unable to negotiate a resolution with the other party, then your best bet may be to file a motion for rule to show cause (motion for "contempt") in the court where their divorce was finalized, and ask the judge to force him to pay her the money.
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 »
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 »
It is a without children, agreed on divorce. Where do I go?
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 »
answered on Dec 9, 2020
Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.
If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial... Read more »
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 »
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.
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 »
Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?
answered on Nov 21, 2020
If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.
We have joint custody but she's the primary
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.