by

A man in Iowa at first thought it was a joke when a letter arrived from the state ordering him to pay child support for a 1-year-old born to a woman he hadn’t seen in 17 years. 

But it was no laughing matter.

The case came about because, as The Daily Mail reported, the man was still legally married to that woman, his long-estranged wife. The pair had never formally divorced. In Iowa – just like in Indiana – a woman’s husband is the presumed father if:

  • He and his wife were married when the child was born;
  • The child is born no later than 300 days after the marriage ends.

Continue reading

by

For millennials, out-of-wedlock birth is often the norm. A number of studies have revealed that 64 percent of mothers give birth at least once without exchanging vows. Among women under 30, more than half have had births outside of marriage. And nearly half of all mothers have children without ever saying, “I do.” 

This is not to say that fathers aren’t a part of the children’s lives, but the parents are not in a marital relationship. Even if this has no bearing on the relationship parent has with child, it may have implications for the child’s financial stability.

IC 31-14 sets forth laws regarding establishment of paternity, including methods, persons permitted to file, venue and other provisions. IC 31-14-5-3 spells out some of limitations on paternity actions.

Essentially, both parents, if unmarried have three days after the child is born to establish paternity at the hospital via paternity affidavit. If mother is married, husband is presumed to be the father. A man will also be presumed the father if mother has been divorced or widowed less than 10 months. Otherwise, mother or father will have to go through additional administrative steps – and possibly the courts. Continue reading

by

Enforcement of child support orders are essential to ensuring the needs of Indiana’s youth are met. Parents seeking to enforce or modify these orders should seek legal counsel.

In some cases, when parents do not pay, the court can order interest on the arrears, to account for the time single parents had to struggle to make ends meet without support.

On the other hand, sometimes economic circumstances of the non-custodial parent change and they are no longer able to continue paying support at the same level. Even so, they cannot simply stop paying. They must petition the court for a modification of child support payments, or else risk being charged interest and other fines and penalties. Continue reading

by

A survivor benefit plan of a military pension should be included in the “marital pot” when considering what should be calculated as an “asset” in an Indiana divorce.

That was the ruling handed down by the Indiana Court of Appeals in the recent case of In Re: the Marriage of Carr v. Carr.

This was a couple who had been married for 16 years and had two children together when the husband sought a divorce. For 14 years before the pair were married, husband had worked in the military, and his service continued while the pair were together. Prior to their marriage, the husband had begun building up his pension. During the marriage, that pension grew. He’d also earned a pension prior to the marriage from a private company. Continue reading

by

If you are a business owner contemplating divorce, you have additional considerations that wouldn’t come into play for many facing a separation. 

It’s not an uncommon scenario, as many entrepreneurs toil long hours building the company, and the marriage can suffer. It’s typical of younger couples to marry with no prenuptial agreement. What starts as a $50,000 venture can expand to a $10 million enterprise by the time the marriage dissolves – and by that time, the spouse has a stake in the business growth.

Of course, every scenario is different, but preservation of the business is a top priority for many owners.  Continue reading

by

Termination of a parent-child relationship in Indiana is done through judicial proceeding that will forever end the legal, social and financial relationship and responsibilities between a parent and child. It means that all power, privilege, immunity, duty and obligation to that child by the parent is totally gone.

Parents can choose to voluntarily terminate their parent-child relationship, but only when the action is initiated by the Department of Child Services or an adoption agency. Cases if involuntary termination are initiated by DCS.  Continue reading

by

The New Year brings with it the potential for change. Many who have been suffering in marriages that are miserable, loveless or simply unfulfilling seize the opportunity to write a new chapter.

That’s why January has a reputation for being “divorce month.”

But as heartbreaking – or freeing – as the process may be, one of the first things we recommend to those on both sides of the aisle: Companionship.

Not with each other, of course, but with an experienced divorce attorney. You’re going to need a legal, tax and investment professional to help guide you through this change so you don’t end up on shaky financial ground. The goal is to keep things as amicable as possible and as equitable as possible. In cases where relations are contentious or strained, it’s especially important to have a third-party to help mediate the conversation and goals. Continue reading

by

A few years back, I wrote a blog article entitled Negligent Party Hosts in Indiana May Face Liability. The article provided some general rules and suggestions concerning possible liability issues for people who have parties during the holiday season.

A recent Indiana decision, F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers, 02A05-1506-CT 520 increases the potential for liability and the responsibilities for a party host.

In that case, the land possessors, defendants Martin and Brothers shared a residence.  They threw a party and alcohol was purchased using funds from a joint bank account.  Jerry Lee Chambers was a guest at the party.

Continue reading

by

Spousal maintenance – also sometimes referred to as alimony – is awarded in Indiana divorces under certain circumstances.

Typically, this is offered when one spouse earns significantly more than the other. Usually, this type of support is temporary, though a judge may determine it should be indefinite if the lesser earning spouse is disabled or unable to return to work for other reasons.

Whether spousal maintenance is permanent or temporary, parties may request modification or even termination when there is a material change in circumstance, such as remarriage. However, the 1994 Indiana Court of Appeals case of Roberts v. Roberts was clear in establishing the fact that spousal maintenance is not automatically terminated upon remarriage. There still needs to be proof presented by the moving party that the marriage means a significant change in the former spouse’s ability to support himself or herself.

This issue was weighed against recently by the Indiana Supreme Court in Gertiser v. Gertiser. Continue reading

by

A new study published last month in the American Journal on Intellectual and Developmental Disabilities revealed that while parents of children with developmental disabilities weren’t more likely to divorce than other parents, their reasons for separating often differed.

Researchers analyzed a longitudinal study of more than 10,000 people – and some of their siblings – beginning in 1957. From this group, study authors identified 190 parents of biological children with developmental disabilities, as compared to 7,250 parents of children without disabilities. What they discovered was that the rate of divorce was about the same for both groups – 1 in 5. However, for parents of children with no developmental issues, risks of divorce were lowest with just one child, and increased with each subsequent child. This was not true though for parents of children with disabilities.

What this suggests is that other children may provide an important support and coping system in caring for a developmentally disabled child, researchers say. Continue reading

Contact Information
8320 Kennedy Ave
Highland, IN 46322
Phone: 219-836-2200
Fax: 219-836-9388

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2025, Padove Law
JUSTIA Law Firm Blog Design