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Indiana Divorce Questions & Answers
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... View More

Betsy Walits
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... View More

Betsy Walits
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
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?

William J Webster
William J Webster
answered on Jun 21, 2018

For you r ex to be in contempt, the Court must find a "willful disregard" of the Court's Order. If your ex is temporarily unemployed and does not have any income, then he could argue that he is not willfully disregarding the Court's Order, as he does not have the financial... View More

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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... View More

Betsy Walits
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... View 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... View More

Betsy Walits
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
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... View 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
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.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Apr 16, 2018

Depends on the jurisdiction and court as to bifrication of the matter.

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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
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
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 Bankruptcy and Divorce for Indiana on
Q: My ex-wife has filed for bankruptcy, divorce decree states she is responsible for 35% of medical bills

Her portion of the balance is $1000, does the bankruptcy forgive that monies?

David Earl Phillips
David Earl Phillips
answered on Apr 6, 2018

If she is filing a chapter 7 you may be able to enforce the divorce decree language. You will need a bankruptcy lawyer to file an objection to her discharge of these debts. It may be that the amount is not worth the cost to hire a lawyer, but you need to speak with a bankruptcy near you to... View More

1 Answer | Asked in Divorce for Indiana on
Q: Who is responsible for legal fees associated with forcing compliance with a divorce decree?

Specifically, legal fees for both parties when one has to force compliance with an order to pay a stated amount of money by a certain date. The divorce decree does not describe this responsibility.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 6, 2018

Your are always responsible for your own legal fees, absent a court order that the other party is to pay. That said, if the opposing party is not complying with a court order, it is quite common to ask for attorney's fees that are incurred due to their malfeasance.

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
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... View More

2 Answers | Asked in Divorce for Indiana on
Q: Still 50/50 distribution of debts and assets?

My husband lost his job a few weeks after he told me he wanted a divorce and left me (completely out of the blue). It's been 2 months and he has yet to find another job. If I file for divorce, will debts and assets still be split 50/50, even though he is only getting unemployment? (We earned... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 28, 2018

Based on your question the starting point for any divorce is 50/50, unless the parties agree or argue away from it. So there is no guarantee of a 50/50 division of property and debts in a divorce unless you agree to it and reduce it to writing.

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1 Answer | Asked in Divorce for Indiana on
Q: Been married 13 years. Am I entitled to half my husbands retirement.

My friends husband is taking $15,000 out of his retirement account to pay off HIS credit cards to “make things better financially for them” meanwhile he got an apartment to “figure out what he wants” which obviously Inst helping financially. I told her I thought they split that account... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 19, 2018

Based on your question if they are still married it is community money. If a divorce action has been filed and a provisional order is in place then you might have a different result. In Indiana the starting point for any divorce is 50/50 unless the parties agree or the court decides otherwise.... View 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?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 19, 2018

Yes, you can. It will be up to the court what happens from there.

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1 Answer | Asked in Divorce for Indiana on
Q: Is a 401k divorce settlement transfer subject to any Indiana state taxes?

What is the Quadro option and how does it affect a 401k divorce settlement transfer?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 14, 2018

Based on your question it would depend on how it is done. Paid in a lump sum or in payments it could be considered income. There is the QUADRO Option as well and that may not be taxable, unsure because I do not deal with QUADRO's.

1 Answer | Asked in Divorce for Indiana on
Q: In Indiana do I have to pay my wifes legal fees in a divorce before or just when the judge rules that way
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Feb 28, 2018

Based on what you are asking the simple answer would be they can be asked for and the judge can order it or not. This depends on the income of the parties and whether her attorney asks for it or not. Furthermore, it can be something that is agreed to before the case concludes by all parties... View More

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Indiana on
Q: If we have joint legal custody of our child can she file for sole custody if I have a domestic

My ex-wife left in September of 2014 came back in May of 2015 she got joint legal custody and now I have a domestic against me and my ex wife wants to get sole legal custody of my daughter can she when I'm working two jobs

Clarissa Finnell
PREMIUM
Clarissa Finnell
answered on Dec 11, 2017

Child custody is always modifiable if there has been a substantial change in circumstances since the last order of the court. It would be your ex-wife's burden to show the substantial change. Joint legal custody means that you and your ex-wife are to make major decisions about your... View More

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