One fact that is difficult for many divorcing couples to grasp is that just because something is ordered in family court does not mean third parties must adhere to it. A common example is when a husband is absolved of making mortgage payments on a marital home in which he…
While most of us get married believing the union is going to weather life’s storms, the reality is those storms get the best of many of us. Some of the major life changes that often precede divorce include: Illness Job changes Having children Living apart Trauma Becoming Empty-Nesters Infidelity Take…
Indiana law allows parents to seek modification of child support such that the other parent be responsible to pay a portion of the child’s post-secondary education expenses, even though the child is no longer legally a minor. In the case of Ball State University v. Irons, before the Indiana Supreme…
If ever a father questions the paternity of a child, it may be best to address those suspicions early on. Failure to do may result in a situation similar to what plaintiff in Stacy M. v. Jason M. faced in a family law dispute before the Nebraska Supreme Court. In…
Anytime a custodial parent wishes to relocate with a child – whether it’s across the street or across the country – the parent must first notify the court and obtained permission. Further, non-custodial parents have several options with how to proceed, particularly if they fear the move could have a…
Indiana law generally presumes following a divorce each spouse will work and support him or herself after the marriage has ended. However, there are some exceptions, and in these cases, spousal maintenance is granted. Courts are more likely to grant temporary spousal maintenance during the interim period between when divorce…
In many divorce cases, one of the primary considerations that must be made concerns retirement benefits – whether that be through a typical 401k or a pension or through federal Social Security benefits. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal statute that sets the minimum…
While divorce certainly has its challenges, it’s usually preferable to remaining in a union that isn’t working. However, when the element of abuse is involved, there are unique and important considerations that must be made before proceeding. It has been proven violent spouses are most prone to extreme acts when…
Both pre- and post-nuptial agreements have increasingly come into favor among many couples, particularly those who are waiting longer to marry (or are marrying later in life) or may have issues to resolve during the course of the union. These are formal agreements that will be recognized by Indiana civil…
Indiana courts are rarely eager to terminate the rights of faltering biological parents, who often receive numerous opportunities to reform and provide a stable, loving environment. Termination of parental rights is seen as a last resort option, allowing the child to be either formally adopted by a more stable third…