Archived
I have just devorced without part of my e xhusbands 401k. Can can I still get part of the marital estate?
Larry's answer
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Answered on March 09, 2013
Generally speaking, property settlement agreements are not modifiable. If your property settlement agreement awarded the 401(k) to him, there is...
Archived
My ex has physical custody but we have joint legal custody. He didn't allow me to have my original visitation day due to plans
Larry's answer
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Answered on March 08, 2013
If you changed your visitation schedule due to his plans and then he denied you a make up day that the two of you agreed to, yes, he violated your...
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Can she take back custody of our daughter?
Larry's answer
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Answered on March 08, 2013
Laws on custody vary from state to state, but in most if not all states, custodial is always modifiable. The modification is usually based on a...
What happens to an estate if one spouse dies and the other signed a prenup?
Larry's answer
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Answered on March 08, 2013
Generally speaking the language of the prenuptial agreement will control. Without reviewing yours, I cannot comment. When I prepare them, I do so...
Archived
What guidelines, rule, or codes does an domestic relation counseling bureau evaluator follow when custody and parenting time are
Larry's answer
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Answered on March 08, 2013
When evaluating custody of a child or parenting time, there several statutory factors that have to be looked at including but not limited to the...
Can a pregnant woman get house arrest instead of jail time if she is going for back child support or contempt?
Larry's answer
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Answered on March 08, 2013
The issue of sanctions for contempt are within the discretion of the trial court. I strongly suggest you obtain counsel who will be in a better...
Archived
After a divorce, are both spouses responsible for credit card debt, even if only one of their names are on the account?
Larry's answer
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Answered on March 08, 2013
Your divorce decree will set out each parties' responsibility as to marital debt. The decree will be enforceable as to you and your ex husband. ...
Archived
What if your husband wants a divorce but you don't want to give it to him? Can you refuse the divorce?
Larry's answer
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Answered on March 08, 2013
Indiana is a no fault state. Grounds do not need to be established and there is really no way to contest the dissolution of marriage itself. You...
Will a body attachment in Indiana show up in other states if my name is run by a police officer?
Larry's answer
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Answered on March 08, 2013
These are generally considered civil attachments. They will not be enforceable in other states unless there is an interstate compact between the...
Archived
Child Support Contempt Purge
Larry's answer
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Answered on March 08, 2013
Your ex will pay a lump sum amount in order to purge himself of contempt. Usually the court will give a deadline to pay it by, but not always. If...
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