Skip to main content
Julie Stephens
Avvo
Pro

Julie Stephens’s Answers

200 total


  • Is he also to pay for her dance classes? Will he have to be pay for her school tuition next year?

    Me and my ex have joint legal and physical custody of our two daughters. They both attend private school. My youngest is four and goes twice a week for pre k and my oldest is eight. He was granted both tax credits. As well as having to pay for al...

    Julie’s Answer

    From the details in your question, it appears as though you may have been represented by an attorney when your Decree or Agreement was drafted. Your two questions depends on how your agreement was drafted and your attorney should be able to answer this question for you. Attorneys on this website cannot provide legal advice specific to your question without the ability to meet and review the paperwork. Good luck

    See question 
  • Is it common in divorce proceedings while in court to be questioned/interrogated by opposing council?

    Divorce Proceedings Question!

    Julie’s Answer

    Yes this is the process of a court hearing. Each side presents their evidence through testimony and then the opposing side can cross-exaamine the witness. There are rules of evidence that must be followed and your attorney should prepare you not only for his or her direct examination of you, but also how to handle the cross examination of the opposing attorney.

    See question 
  • Any information would be greatly appreciated.

    What if you think your lawyer isn't working for your best interest? I have been through 2 divorce lawyers in 2 years. This is getting a bit expensive. I have felt in both cases that these lawyers have not spoke up or defended me in court proc...

    Julie’s Answer

    If you decide to stay with your current attorney, you can schedule a time to meet with him or her and lay out each one of your questions and if you are not satisfied with the answers you will decide to either to stay with this person or hire another attorney. Although an attorney must also abide by ethical rules and may need to make decisions on your case that they feel is in your best interest, at the same time this person works for you so you need to have the same understanding.

    See question 
  • How do I get my ex husband to allow me to claim two of our children on my tax returns. When the judge said I can.

    In my divorce decree the judge stated that when I began making sufficient income that I would be allowed to claim two of my for children on my tax returns instead of just one. Well now my ex husband will not allow me to do that.

    Julie’s Answer

    First, except for the IRS and the Court, a person, like the father, cannot prohibit you from claiming the children as exemptions. If you both end up claiming the same child, then the IRS will more than likely ask for proof from each one of you to show who can claim the exemption. Second, I cannot provide guidance on how to interpret your court order without reading it. You may have to file a motion in court to modify child support or prove up your income in court before claiming the extra exemption. Please consult with an attorney for advice on this.

    See question 
  • How should I proceed for divorce

    I have been married for 6 years. We have one daughter together. She had one child before we get married. We bought a house and two cars under my name because her credit was not good. I caught her cheating several times. I'm thinking of filing a di...

    Julie’s Answer

    All of your questions are very important. You can consult with an attorney to have them answered in more detail as the answers depend on more background you can provide to the attorney. Good luck

    See question 
  • Will he get limited visitation? How can I ensure that my daughter will be safe, if he is given visitation? What about overnights

    I am worried about my ex-boyfriend getting visitation with our 18-month old daughter. He has previously been abusive to me, which has been documented. However, the report took place two years before our daughter was born. He recently was accused o...

    Julie’s Answer

    If he filed a petition to establish paternity and seek parenting time you should have the opportunity to present your evidence to the court of your concerns. I suggest you hire an attorney for a consult to discuss these questions in more detail.

    See question 
  • Can my ex wife get a visitation modification without my consent?

    My ex wife hates my live in girlfriend and now is saying that she has to leave my home at Christmas in order for me to see my kids and she claims she is getting a court order for that. No reason except she hates her. Can she do that?

    Julie’s Answer

    If there is no court order restricting your parenting time as in a certain individual is prohibited from being around your children, neither parent is permitted to unliterary change a parenting time order. I would suggest that you have the lawyers get involved in this as soon as possible so your children do not have to engage in this adversity during the holidays.

    See question 
  • How does the state of Indiana determine the total amount of secondary education to be divided by the parents and child?

    I understand how the division occurs (typically 1/3rd each), but what is allowed to figure the grand total? Is there something that the court typically uses? I have an estimate from the college that says it will cost approximately X dollars a ye...

    Julie’s Answer

    If neither party can provide accurate information and only estimates by the time the trial comes around then the court can use that estimate to determine each share for child, and the parents. It is not typically 1/3; the court can order the child to pay 1/3 and then the remaining 2/3s can be divided in accordance with the parents' incomes - if the parents are 40/60 then the court can divide the 2/3 like that. Speak with your attorney to address how to admit proper evidence so you can obtain a better understanding of how to prepare for court.

    See question 
  • At what age, if at all, can a child choose whether or not to go to the non-custodial parent's house for the weekend?

    I have a 14 year old daughter that is supposed to go see her dad every other weekend. Unfortunately, he doesn't always chose to come get her. She is getting older and is involved in several activities and sometimes would prefer not to go. Does she...

    Julie’s Answer

    Your first question is referred to in the Indiana Parenting Time Guidelines, custodial parents are to encourage parenting time per court orders. If there should be a modification, you can discuss this with father and your counsel. In regard to the move, there is a statute providing certain requirements for you and father, and you should discuss this with your attorney to make sure you are in compliance.

    See question 
  • How can I get my parenting time so I can see my daughter.

    I have been going to court and. Doing mediation to try to get to see my daughter. The mother keeps saying things to them that never happened or tha t there is no evidence of but the court and everyone buys it. I pay my child support every month a...

    Julie’s Answer

    Do you have an attorney? If you do not I would suggest this. If you have an order of parenting time set by the Court there are remedies under the law to enforce parenting time. An attorney can review the current order with you and advise.

    See question