I am from Hong Kong and registered married in Tulsa Oklahoma. It's a short term marriage about 6 months. My husband requested our relationship turn back as " friends" until he satisfied, then he will consider to file PR for me. I have no friends...
Unless fraud occurred, it is a valid marriage. Consult a Tulsa family law lawyer and he or she can advise you as to the proper way to file for divorce.See question
My ex-husband is ordered to pay me 8% of his yearly bonus. He has been paying me that percentage after taxes? Is that correct?
You need to consult your divorce decree and settlement agreement. If the payment is alimony or maintenance, it is taxable. If it is a payment contemplated as part of a property settlement agreement or payment of child support, than it is not taxable to you on your federal return.
If the payment is for child support, child support is generally calculated on before tax dollars unless otherwise specified. If your decree is silent as to the nature of this payment being 8% of a yearly bonus, then consult an Allen County lawyer. It may be necessary to obtain a clarification from the court.See question
I tore the meniscus I had surgery now I am doing physical therapy and my knee is still killing me it's swollen I can bend it somewhat but not 100%
Speak to the person coordinating your workers compensation case. When you have reached MMI (maximum medical improvement) the physician selected by the company typically does a PPI rating based on the 6th Edition of the Guides to Permanent Impairment (published by the AMA). If you do not agree with the rating, than you may ask for a different physician to examine and rate your impairment. There are many attorneys in your area that handle workers compensation. It might be a good idea to consult one in your local sooner rather than later if you are still in pain.See question
I bought a house with my VA loan in Indiana. My wife and I had two kids and she now wants a divorce that I've tried to fight for. She told me that she's gonna keep the house and the loan stays in my name, making me financially responsible for the ...
You should promptly contact an Indiana family law attorney or see if your wife will agree to have a domestic mediator attempt to guide the two of you toward an amicable settlement. In general, the assets and the debts are typically divided equally unless there are unusual circumstances.See question
We were just awarded sole physical and sole legal custody of my daughter. The physical custody is easy, we are just to follow the Indiana parenting time guidelines. Legal is slightly more confusing. I understand that having sole legal custody m...
In Indiana, the distinction between sole and joint legal custody is important. A “joint” custody award means the parties will share custody to some degree. But a “sole” custody award means that one parent is given all or most rights. 31-17-2-8 provides:
Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(B) school; and
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
Sole legal custody allows the custodial parents to make educational and healthcare decisions; however, the noncustodial parent needs to be kept informed. Custody decisions are dynamic and subject to change. If a custodial parent fails to inform the other parent, a judge has discretion to change the custodial arrangement. Furthermore, visitation ()extended parenting time) may not be withheld because a parent is delinquent in child support payments. Nor can parents negotiate away the obligation to pay child support without court approval. “Indiana has long recognized that the right of parents to visit their children is a precious privilege that should be enjoyed by noncustodial parents,” and thus a noncustodial parent is “generally entitled to reasonable visitation rights.” Duncan v. Duncan, 843 N.E.2d 966, 969 (Ind.Ct.App.2006) (citing, inter alia, Ind.Code § 31–17–4–1), trans. denied. Indiana Code section 31–17–4–2 states that parenting time rights shall not be restricted unless there is a finding “that the parenting time might endanger the child's physical health or significantly impair the child's emotional development.” A trial court is empowered to specify and enforce the visitation rights of the non-custodial parent pursuant to Indiana Code. Perkinson v. Perkinson, 989 N.E.2d 758, 762 (Ind. 2013)
The test of what a custodial parent may do is based on what is reasonable. For example, 31-17-2-17 deals with religious education and provides: 17. (a) Except:
(1) as otherwise agreed by the parties in writing at the time of the custody order; and
(2) as provided in subsection (b);
the custodian may determine the child's upbringing, including the child's education, health care, and religious training.
(b) If the court finds after motion by a noncustodial parent that, in the absence of a specific limitation of the custodian's authority, the child's:
(1) physical health would be endangered; or
(2) emotional development would be significantly impaired;
the court may specifically limit the custodian's authority.
While the custodial parent's right to choose the child's religious training is paramount, so long as the training does not unreasonably interfere with the non-custodial parent's right to parenting time, when such interferences are unreasonable or when the custodial parent is using religion to interfere with the noncustodial parent's parenting time, the court will not alter the parenting time schedule. A.G.R. ex rel. Conflenti v. Huff, App.2004, 815 N.E.2d 120, transfer denied, transfer denied 831 N.E.2d 735.
In sum, you have sole legal custody. Be reasonable.See question
We had to ask him to move out of our house because of all the drama he causes. Afterwards he started lashing out against us. He called and told the police that we are drug dealers so they searched our house for 3 hours and left with nothing and no...
I suggest that you consult a local attorney in Adams County. You can start with your local prosecutor's office and see if they will file a protective order to keep him away from you and your family. If not, a private attorney may be able to seek such an order. Consulting a local lawyer who engages in civil litigation may also be helpful to stop the alleged defamation. If he has truly defamed you, the defendant may have to answer in civil court why he should not have to pay you money to compensate you for your damages. Often civil lawyers will work on a contingency fee.
Good luck.See question
We have a court order where I have him Thursday to Monday. It says I'm to have parenting time at all reasonable times agreed between parties but says nothing about the parenting time guidelines in our court order. She plans on just coming and gett...
Check your court order! The order always controls. If the IPTGs apply, then Halloween IS considered a holiday. This year the custodial parent has the holiday. Parenting time calendars do indeed reduce the conflict and uncertainty as to who has the children. I suggest you consult an attorney in your town to help you create a parenting time calendar. In the mean time, always consider what is in the best interest of the child. Ruining Halloween for your child by arguing with your ex is not likely to promote your child having fond memories of Halloween. Many cities have two nights of trick or treat. Perhaps you can take them on the alternative night or take them to a Halloween party or haunted house on an alternate night. Best of luck.See question
My husband and I bought a house in November 2013. We just discovered a leak from a water line that the plumber estimates began before we purchased the house. Moreover, the plumber identified the cause of the leak as an incorrectly applied crimp. T...
I suggest that you consult a Hamilton County or Marian County attorney as soon as possible. Gather all of your closing documents before you meet with your lawyer. Indiana has a law requiring certain disclosures be made by the seller at the time of the sale. See disclosure form here: http://www.in.gov/pla/files/Sellers_Disclosure_Form.pdf. Unfortunately, causes of action may be limited. The Indiana Supreme Court clarified when there may be a cause of action in 2013. Specifically in the case of Johnson v. Wysocki, 990 N.E.2d 456 (Ind.2013), the Indiana Supreme Court said that a buyer must show that the seller had actual knowledge of the defect at the time the sales disclosure was signed in order to recover for damages. Hire a lawyer for advise specific to your case and good luck.See question
(Indiana) Separate auto policies yet not auto title yet seeking to divorce and realized that he's committing fraud to not announce to lienholder he's (a) vehicle not registered (b) Residency address on policy knowingly incorrect - he relocated to...
First, I strongly suggest that you contact a lawyer in your county of residence. Marian County has many outstanding lawyers to choose from. Second, in Indiana, an automobile is registered with the Department of Motor Vehicles. Insurance information must be included on the registration. The Department of Motor Vehicles can be contacted and asked for a copy of the registration. Once the insurance company name and policy is revealed, try speaking directly with the insurance company and request a copy of the insurance policy.
Again, if you do not already have an attorney, talk to a local attorney and get sound legal guidance.See question
Almost 8 weeks ago, I verbally agreed to a contractor to install new Windows in my home. On that phone call, he stated that "the windows will be in and we can begin installation within 2 weeks. If there are any delays, I'll give you a call". 7 ...
It depends on several factors. In Indiana, a contract occurs when there is an offer, an acceptance and mutual consideration. We also have a statute of frauds which requires contracts involving more than a certain dollar amount to be in writing. However, even in the absence of a written contract, one may still be liable based upon quantum merrit or other equitable doctrines of law. (Such as reasonable reliance upon an oral promise or representation.) I suggest that you immediately contact an Indianapolis attorney or an attorney in Hendricks county for purposes of getting legal advice specific to your factual situation.
Be careful of what specifics you type in a public forum as you may make an admission.See question