The bankruptcy trustee can take a percentage of your tax refund. If you file on January 1, 2013, the bankruptcy trustee is entitled to the full refund from 2012. However, if you file on July 1, 2013, the bankruptcy trustee is only entitled to half of the refund for 2013. It just depends on which day you file on.
There is a lot of missing information. For example, I would like to know if the child is under your care already, and if so, since what date? Potentially, if this occurred, you could be considered a de facto custodian. Also, sometimes a child can be emancipated. If the child is emancipated, an adoption could be possible. This might accomplish your desired result.
Most attorneys charge by the hour. As a result, it's difficult to determine the approximate cost without knowing what has to be divided. PRoperty only divorces are much cheaper than custody battle divorces.
You will want to check with a tax attorney in your state about the taxes and any exceptions you may meet on a lump sum payment for that state, as this is not intended to be formal legal advice. However, the general rule regarding IRS taxation is that if you paid the premiums out of your own pocket and did not deduct them, then the IRS typically views these payments as tax-free. However, if your employer paid the premiums, or you deducted them from your taxes already, then the lump sum is...
In general, because it's a no fault state, Judges won't hear much of this. However, I had one case in which the Father gave the mother a communicable disease. We requested damages for the disease. That could be a cause to bring this up.
In the State of Indiana, I am unaware of any "Emergency Stay" except for in the context of bankruptcy. Perhaps the person you spoke to was referring to the automatic stay which goes into effect when you file for bankruptcy. If so, that person may have been thinking that if you were able to dispose of your other debts, then perhaps you might have enough income available. I would check with an attorney in the state where your decree was ordered.
Our firm represented a person who had the 401K before marriage, and during the marriage. The Court divided the entire asset in half.
Each person's facts and circumstances can vary this answer. You should consult with an attorney about your specific facts.