Questions answered by Benji Julie Algase

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When am I able to get married again?

Benji's answer | Answered on February 05, 2015

Ask this question in the state in which you intend to remarry. I am not aware of waiting time after a final divorce is granted but there could be...

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I am to receive my husbands pension on his death, if I divorce him and remarry am I still entitled to his pension

Benji's answer | Answered on February 05, 2015

Your husband's pension, at least the portion of it earned during the marriage is a marital asset subject to division by the Court as are all of the...

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Can ex, not a resident of Indiana, petition for college expenses even though she pays nothing towards child's college herself?

Benji's answer | Answered on February 05, 2015

Please consult an attorney about this as it can be tricky. From what you have said, Indiana retains jurisdiction over this issue ( support and...

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I do not have anything from the courts saying that I can file my child. But I heard them verbally say that I could.

Benji's answer | Answered on February 05, 2015

Under Federal Law, the tax exemption for the minor child belongs to the custodial parent A state court cannot actually give it away, it can and...

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I want joint custody of my daughter, we were never married and had a child together.

Benji's answer | Answered on February 05, 2015

Joint custody can mean many things. The first question is what were you asking for when you asked for Joint custody? 50/50? how divided? The...

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Will my ex win custody of our son over this?

Benji's answer | Answered on February 05, 2015

The standard for modification of custody is the best interest of the child. One voice mail does create a best interest. Are you saying that he...

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Is there a law in Indiana that terminates a parents legal rights after no contact for any specific amount of time?

Benji's answer | Answered on February 05, 2015

The simple answer is no. The practical answer is what difference does it make. If one parent has had no contact with the child for a considerable...

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We have joint custody but Im the custodial parent. Can I say its okay for the child to go live with other parent or court does

Benji's answer | Answered on December 16, 2014

Based on your question, I am guessing that you share legal custody but you are the primary physical custodian. Simple answer is that if you and...

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How do I get physical custody of my daughter?

Benji's answer | Answered on November 18, 2014

More information is needed. You are going to have to consult an attorney to find out what rights you have and what you have given away. As in: ...

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50/50 custody

Benji's answer | Answered on November 18, 2014

The standard for custody is the best interest of the child. If you and the mother do not agree on custody/parenting time a Court will decide. ...

Benji Julie Algase's Answers (161)

When am I able to get married again?

I am to receive my husbands pension on his death, if I divorce him and remarry am I still entitled to his pension

Can ex, not a resident of Indiana, petition for college expenses even though she pays nothing towards child's college herself?

I do not have anything from the courts saying that I can file my child. But I heard them verbally say that I could.

I want joint custody of my daughter, we were never married and had a child together.

Will my ex win custody of our son over this?

Is there a law in Indiana that terminates a parents legal rights after no contact for any specific amount of time?

We have joint custody but Im the custodial parent. Can I say its okay for the child to go live with other parent or court does

How do I get physical custody of my daughter?

50/50 custody