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Jeffery Michael Haupt

Jeffery Haupt’s Answers

389 total


  • Child support can I still get it is it to late?

    My ex husband has never paid child support and I have never asked the court because I never really knew where he lived at, the past few months my daughter has been talking to her grandparents and uncle and aunts. Him and my daughter don't speak bu...

    Jeffery’s Answer

    As my colleague stated, you can contact the child support office in Elkhart County to see if they can help you pursue this.

    In my previous experience as a Child Support Prosecutor there were many cases where support orders where established into the child's teenage years. Now if you are looking to get a retroactive child support order, that could be a bit harder and would require a closer examination of the cats of this case to see what sort of argument could be made to convince the court that it should do this (the court is only required to go back to the date when a petition was filed seeking to establish paternity).

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  • Do I need an attorney?

    We had a babysitter for 6 years and my son reported she was abusing him. We reported it to cps and now she is taking us to small claims court for breaking the contract. Cps did a poor job and stated they couldn't prove he was abused. They didn't t...

    Jeffery’s Answer

    If you truly had a contract for her services and she is suing you for breaching the contract then you should at the very least consult with an attorney before your small claims hearing. At least with it being a small claims case there are strict limits on how much can be awarded in a lawsuit.

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  • Is it legal for my ex-wife to keep the same last name as mine even though she is remarried and we have been divorced since 2007?

    My ex-wife also filed for bankruptcy a month before the divorce was finalized. I repeatedly asked her not to as it will affect the joint credit card accounts and other bills. We both have two kids age 19 and 13. She also is employed by a privat...

    Jeffery’s Answer

    No, she is not required to change her name. She has the option to be "restored" to her unmarried name at the time of the final divorce resolution, but that is generally her call. For many reasons people do not change their name after a divorce.

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  • If my state provided attorney isn't providing me with the best possible criminal defense, what are my options?

    I am currently facing criminal charges in the state of Indiana and I have a public defender. I don't feel like he is giving me the best criminal defense, mostly because he refuses to talk to me himself outside of court dates. There is really no c...

    Jeffery’s Answer

    Changing your court appointed attorney is generally harder than changing an attorney that you have hired privately. To do this, you will typically need the court that appointed him or her to make the change.

    Also, it has been my experience as both a private attorney and a public defender that sometimes as attorneys we may think that a case we have is not complex at all and should resolve quickley, but we may struggle to convey that message to the client.

    I would agree with my colleague and contact the attorney first to let him or her know that you feel that they are not communicating effectively with you.

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  • I caught a domestic violence against my sons father and now he has my son how to I get my child back

    My son lives with me

    Jeffery’s Answer

    If you have a court order saying you have custody of the child, then you can go to the Court that issued that order and ask the court to issue you an order forcing the return of your child. You can also contact the police and present them with a copy of the court order showing that you have custody and they can assist in having the child returned to your care.

    If you do not have a court order, then you will need to seek to have custody established through a divorce or paternity case, which is more complicated than seeking an answer through a forum such as this.

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  • If the judge order supervised visits though the counselor you attend children still haven't after 2 months judge ordered it

    Children still haven't attended what do we do

    Jeffery’s Answer

    Your question does not really give enough detail to know what you are trying to ask. My guess is that you are supposed to have supervised visits, but are not getting them because no one has brought the children. If there is a court order for that to happen, you can use the Court's contempt powers to seek enforcement of that particular order.

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  • Does inheridence count toward child support in Indiana?

    My ex has never held a job. I supported our son for years by myself. He got over a million in inheredence so he's definitely not going to work now. He hardly sees his son now because we agreed for him to pay off his support in a one lump sum till ...

    Jeffery’s Answer

    Yes, inheritance money can count as income in determining child support. It is specifically defined in the Indiana Child Support Guidelines as income. How it is calculated and used as income for purposes of calculating a child support worksheet is a different story and can become a complicated issue. That being said, I would advise you to discuss this with an attorney because discovery (obtaining documents from him or 3rd parties) will need to be completed so that a true an accurate picture can be put together for the Court to determine an appropriate amount of support based upon his new found wealth.

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  • Complicated situation. Possession arrest, home detention, failed drug screens, and paraphernalia found in home. Sigh.

    My husband was arrested for possession of a controlled substance. His lawyer tried to suppress instead of making a deal because it was an unlawful search. Court denied it and he was charged with a felony. Sentence is house arrest with work release...

    Jeffery’s Answer

    Typically, with a community corrections sentence in Indiana a violation can result in either the community corrections order is revoked and he will be serving his time in the Department of Corrections (or a county jail, depending on the length of the sentence) or the community corrections agency can be willing to take him back into the program and the Court may or may not go along with this.

    You indicated he had a failed drug test after sentencing and that community corrections had found paraphernalia around the residence so it could be one of those issues. However, he needs to show up for both court dates as my colleague had mentioned in her answer. Even if he does not need to be there because they gave him the wrong date, it is much better to have a wasted trip to the courthouse than a warrant out for his arrest.

    He should begin speaking to an attorney as soon as possible. If he had a public defender for his initial case then he should ask the Court if one can be appointed for him again.

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  • I have a set schedule of Monday- friday 7am-3pm. Can my boss change my set schedule without my consent.

    My boss is telling me that starting Sunday (it's Thursday today) I have to switch and work second shift instead of my normal first shift. I was scheduled to be off friday, Saturday and Sunday this week for my sister's wedding. Can they make me cha...

    Jeffery’s Answer

    Yes, employers have the right to adjust scheduling as needed for the benefits of the business.

    Like my colleague stated it's probably best handled by talking to your employer about a specific day off you might need.

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  • Can a judge change his mind about a plea that he's already signed?

    He agreed to allow my home detention and probation to run at the same time. Now someone may petition him to change his mind though he's already agreed to it.

    Jeffery’s Answer

    If that was part of the plea and he accepted it, then the Court is bound by the terms of the agreement. However, if it was a plea where sentencing was open to arguments between the prosecutor and your attorney, he may have some room to modify the sentence in line with what would be appropriate for the charge you pled guilty to, as the sentence was not part of the plea that he accepted.

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