My son is 18 and will start college Aug 22. He will be living on campus and not at home with the custodial parent. Can support be modified since his room and board is paid to the college? He will only be home at most 8 weeks from the start of...
One thing I would add here is that usually this is a time when the Court would look at college expenses and determine what level of contribution, if any, either parent should have. I note you stated that he has scholarships and aid that cover his college expenses. Be careful, as college expenses is a very wide definition under Indiana law. I would definitely consult with an attorney before taking any action on a modification at this point.See question
I am paying child support to the other party. I recently received an increase in payments and I never received any notification that I will be paying more.
For support to be modified, you would have had to receive a Notice of Hearing that a Court would consider evidence to determine whether child support should be modified or not. I would contact the Clerk of the Court where your original support order was issued and ask if there were any recent hearings you may have missed.
Now, under Indiana law, there is a statute that allows a IV-D office (the County Prosecutor and State Central Unit) to add on an additional amount to collect to pay for child support arrears. There does not have to be a Court Order regarding this increase, but this is not increasing the base pay, but rather the payment towards the arrears.See question
My husbands father owes back child support on my husband he says he has paid it and they have garnished his taxes. My husband hasnt had the card they issue the child suppprt on for years. It was lost. Does the back child support that is issued bel...
Indiana had an interesting case that our Supreme Court had to decide about ten or more years ago. Basically, a custodial parent had filed a bankruptcy case and the trustee tried to collect a child support arrearage to pay the bankruptcy estate. Our Supreme Court said that the support belongs to the benefit of the child and as such does not belong to the parent as an asset (they are a trustee over the money). But, from a practical standpoint, yes the custodial parent will be the one receiving the arrears.See question
They are telling me I am a custodial parent. The child does not reside in my house or with biological father.
Generally, stepparents are not liable for child support in most circumstances that I have seen. Typically, the only argument regarding stepparents that I have seen come up is when some one wants to attribute the stepparents income to the person they are married to when it comes to calculating child support. But, for the most part, stepparents do not have any parental rights or responsibilities (there are always exceptions). I would definitely consult an attorney because this sounds like a case where the attorney fees could pay for themselves in potentially not having to pay support.See question
Situation is one girl has a warrent no bond. The other is out on bond but no warrant yet. Both have left the state. If the bail bondsman catches the one with bond will he return the one with the warrent as a courtesy to the state.
Generally, people with warrants are picked up by local law enforcement and then they have to go through a possible extradition process unless they waive it before they are returned to the state where the court proceedings are taking place.See question
Continued from question: taken from me. Also do you guys know of any lawyers that would have a payment plan? My other concern is my 16 years old son being around people using drugs, and it is possible that my husband is doing drugs. He is c...
There are plenty of knowledgeable and respected family law attorneys in the Elkhart area that will at least talk to you to see if they can work with your financial arrangements and possible payment plans.See question
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...
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).See question
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...
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.See question
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...
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.See question
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...
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.See question