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A new report released by the non-profit group Child Aware of America indicates that cost for child care now exceeds rent payments in most states in the country.In Indiana, which is ranked as having the 10th highest child care rates in the country, parents are typically paying about 13.5 percent of their income on child care. This was only slightly behind the state with the No. 1 highest child care rates – New York, where families paid about 15.9 percent of their salaries for it.

Indiana child support lawyers know that this is difficult enough for two-parent households. It’s nearly impossible when a single parent is treading water, trying to stay afloat on the bills.

For many parents, the issue of support – or rather, refusing to collect it when they could – is a source of pride. It sends a message to the non-involved parent that, “I can do it without you.”

It’s a sentiment that, given the rising cost of so many goods and services, few single parents can afford. Many are finding that they now have no choice but to petition the court for a support order just to make ends meet.

Other single parents may have support orders in place that are not being honored by the non-custodial parent. In these cases, custodial parents can petition the court, with the help of their attorney, for some form of relief from the court. Judges have the authority to order a variety of relief measures, such as wage garnishment, liens or revocation of driving privileges.

To put into perspective what many single parents are dealing with, consider some of the figures from Child Care Aware’s new research:

  • The yearly cost for infant care rose by about 2 percent last year – in some cases, by as much as $15,000;
  • The yearly cost to care for a 4-year-old spiked by more than 4 percent – in some cases by as much as $11,700.
  • In half of all states, the cost of child care for one child exceeded the annual median rent payments;
  • When the cost for two children were considered, it exceeded rent in all 50 states;
  • In 35 states, the cost for full-time infant care exceeded the cost of in-state tuition and college fees at a four-year university.

Then you factor in a host of other upwardly-spiraling costs, such as a 30-cent spike in gasoline prices and grocery bills that have shot up more than 10 percent in the last month, and it becomes clear the family budget is under pressure from all sides.

A report that was released earlier this summer by a separate non-profit indicated that the cost to raise a child will be $8,000 more for a child born in 2011 than for a child born in 2010.

All this, and we haven’t even talked about the current job market.

The bottom line is this: There is no shame in seeking support for your child – support to which he or she is rightfully entitled.

But you shouldn’t go it alone. We can help.
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A recent change to Indiana child support law has reduced the child’s cut-off age from 21 to 19, but also makes exceptions with regard to educational support (such as contributing to college).Our Jasper County child support attorneys understand that the law will apply retroactively – meaning if you already have a standing order and your child is between the ages of 19 and 21, you stand to lose that support.

However, the parent paying the support must petition the court to be allowed to terminate those payments – it shouldn’t happen automatically.

Consulting with an experienced child support lawyer will allow you to explore all options available considering your unique situation.

The legislation, Senate Enrolled Act No. 18, was a move to amend Indiana Code concerning juvenile law and family law – specifically, IC 31-13-11-18. The statute was amended to say that effective July 1, 2012, a parent has a duty to pay for child support until the child becomes 19 (instead of 21), unless one of the following two conditions is present:

1. The child is incapacitated, in which case the court would determine how long support should continue;
2. The child is emancipated prior to 19 years of age, excepting for educational needs. Emancipation would be determined by some of the following criteria: the child is at least 18 years-old, isn’t enrolled in school, is capable of supporting him or herself, is on active duty in the U.S. Armed Services, is married, or is no longer under the control of either parent or any individual or agency approved by the court.

With specific regard to educational needs, the new law indicates that any child support orders that were issued prior to the effective date (July 21st) may petition the court for educational coverage until he or she the age of 21. However, any child who is receiving support for an order issued after that date can file a petition for coverage of educational needs only until the child reaches the age of 19.

Indiana legislators reportedly chose age 19, as opposed to age 18, because a small percentage of high school seniors – about 1 percent – are 19 years-old.

But why this move, why now? The main reason for the change is that fathers often didn’t pay past age 18 anyway. Most mothers did not file petitions in court to make them pay, though they legally could have done so. However, this failure to pay rate affected the state’s overall child support payment success rates, often lowering the state’s eligibility to receive federal funding for the program.

There has been some speculation, however, that there may be many legal challenges ahead, specifically as it relates retroactively to cases. The primary argument would be that it may illegally invalidate contracts between parents – particularly agreements that specifically say that one parent must pay the other child support until the child is 21 years-old. It may not have much bearing for individuals whose agreements are more generally worded.

The move is not a major shock, especially considering that Indiana was always among the small percentage of states that allowed child support to go beyond 18 or 19 years-old. In fact, there are now only two remaining states and the District of Columbia that have the 21-year cut-off.

Still, a number of family law judges are expecting a surge of petitions for modifications from both sides – parents who are seeking to have their support amended to the new cut-off age, and those who may seek other modifications to boost payments now in anticipation of the new cut-off.

The implementation of this measure is expected to be somewhat confusing. If you have questions about your rights in light of this new law, please contact our offices. We’ll be happy to help.
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Not only is it the summer season, when roadside workers are out there working to improve our state’s streets, but we’re also in the middle of Indiana’s fully-funded 10-year highway construction plan, Major Moves.

According to the Indiana Department of Transportation, the Indiana Work Zone Safety Law is being pushed during this time of the year to ensure the safety of everyone in our work zones. If you’re cited for unsafe driving behaviors or disobeying other road laws in a work zone, you’re going to get a citation of $300.

For a second-time offense, you’re going to get slapped with a $500 fine and a $1,000 fine for a third-time offense. Motorists who are busted driving aggressively or recklessly through a work zone face fines up to $5,000. If you end up injuring or killing a worker, you could end facing $10,000 in fines and up to eight years behind bars.We all know that highway work zones can be frustrating at times. But it’s important to remember that these workers are out there to make streets safer for Hoosiers. You’ve seen the orange cones and barrels. They’re not only there to warn you about road work, but to also remind you to practice safe driving habits.

Our Highland accident lawyers understand that dangerous driving habits not only put you and your passengers at risk for an accident, but also increase risks for roadside workers who are out there trying to make driving a little easier for you in the first place.

You’re at serious risks, too. As a matter of fact, four out of every five people who are killed in highway work zones are motorists. There were nearly 15 fatal accidents in 2011. Some of these accidents were noted to be the result of dangerous driving, including improper lane changes, driver fatigue and following too closely.

To help to keep everyone safe, employees completing this road work typically do their jobs during off-peak and nighttime hours whenever possible. For extra safety, they also install concrete barrier walls on busy streets, use electronic message boards, wear protective equipment and use extra police patrols in highway work zones. What’s missing is cooperation from some drivers.

Officials are asking drivers to stay alert behind the wheel and to pay close attention to your surroundings while driving through a work zone. In these areas, lanes change, speeds are altered and workers are oftentimes present. Make sure that you keep it slow and merge into necessary lanes before entering a work zone. This will help to keep traffic flowing safely and smoothly in these areas. You’re also reminded to avoid distractions in these zones and to avoid tailgating other vehicles. Keep your full attention on what you’re doing — driving.

Work Zone Travel Tips from Transportation Officials:

-Avoid distractions, especially the three C’s: Coffee, CDs and Cell Phones.

-Be ready for delays. Leave early for your destination to avoid rushing.

-Select an alternative route if possible and avoid construction altogether.

-Obey flaggers. They’re an extension of the law.

-Never tailgate a vehicle. Allow yourself with plenty of time to react to a road hazard. Reaction time comes with space.

-Check traffic and work zone info before setting out. Try to avoid these areas if possible.
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Divorce is one of those life events that leaves no aspect of your world untouched.

Your small business is going to be no exception.In fact, our Highland divorce lawyers know that there are special considerations that must be made and a fair amount of planning that has to be done in order to extricate yourself from the union with as little impact to your business as possible.

The fact is, most small business owners aren’t prepared for divorce. We already know that more than half of all marriages aren’t going to work out, but nobody enters into it thinking theirs will be among the 50 percent that didn’t make it.

Entrepreneurs though may have it especially difficult right now because of the economy. Many couples struggle to see eye-to-eye on money issues. But when you own a company, those stresses are compounded tenfold because you feel responsible for the welfare of others. You want to do everything possible to stay afloat. But that time away from home takes a substantial toll on marriages and families. Some simply aren’t able to survive it.

When you first begin to see things souring, that’s the time to seek legal counsel.

This is especially important for business owners because it’s not just yourself that you must strive to protect. You have a loyalty to your employees, your customers and others who depend on you and your business.

Hiring experienced legal counsel as early on in the process as possible will allow you to initiate the planning phase and reduce stress levels. This will help keep you focused on driving the business forward and continuing to keep it successful.

Some entrepreneurs have reported that their divorces ended up costing them thousands – not so much in legal fees, but in time spent in the mediation process and in court, the time expended on digging up reams of paperwork and in the time it takes away from getting new customers and maintaining relationships with existing clients. It can be especially burdensome if you run a company with a relatively small staff – where every person is vital to the operation – especially you!

The other question that comes up is what stake your soon-to-be ex will have in the company and its past and future profits. This is going to depend on a great many variables, including:

  • What type of business it is;
  • What the ownership structure is;
  • What was the role of your spouse in the company;
  • Whether you have children together;
  • Whether you founded the business before or after you were married.

Of course, there are some things you should do to protect your business before you get married, assuming it’s already running at that point. Those include creating a clear prenuptial agreement, the establishment of a buy/sell agreement, the creation of a domestic asset protection trust (which would protect the company from being subject to division in the event of a divorce) and the creation of a will.

However, if you haven’t done those things, there are still other steps you can take. It will require at least some level of cooperation on the part of both spouses, as well as having skilled legal counsel to help you navigate the potential pitfalls.
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“Kyleigh’s Law” was upheld by the New Jersey Supreme Court. This is the law that requires newly-licensed drivers to display a red sticker on their license plate. New drivers in the state are required to display this red sticker on their plates for a year after they receive a license. This law is named after a 16-year-old New Jersey resident who was killed in a car accident with another teen driver nearly 6 years ago.”There were too many teens in the car. He was new GDL driver. He was speeding. That’s a lot of distractions right there,” said D’Alessio’s mother.

Our Highland personal injury attorneys understand that newly licensed drivers face some of the most serious risks for car accidents. Just like the teens here in Indiana, all young drivers are required to follow strict rules and laws while learning to drive.

In Indiana, a driver has various restrictions during the stages of their intermediate license. During the first 180 days, they’re not allowed to drive from 10:00 p.m. until 5:00 a.m. After the first 180 days, they are prohibited from driving from 11:00 p.m. to 5:00 a.m. on Sunday through Friday. On Saturday and Sunday they’re not to drive from 1:00 a.m. to 5:00 a.m. These young drivers are also restricted from driving with any passengers in the vehicle during the first 180 days of this licensing stage, according to the Insurance Institute for Highway Safety (IIHS). These laws are meant to help these young drivers to get the most out of driving education by exposing them to different dangers and driving scenarios in stages.

Officials in New Jersey say that these stickers are the perfect way to help officers enforce rules for these restricted licenses.

Not everyone is buying into the program. Many have chosen not to display them on their vehicles.

“I don’t like to be profiled so I refused to put it on my car,” said Chris Schetelick, teen driver of Bernardsville.

Not having the decal is not a moving violation, but teens can face a $100 fine.

While officers may have a tough time keeping their eye on all teen drivers throughout the state, we’re asking parents to step in and to help. We’re asking you to familiarize yourself with the laws of the state’s graduated driver’s licensing (GDL) program and to even enforce your own household driving laws. Make sure you know where your teen is driving, when they’re coming home, who they’re driving with and how they’re acting behind the wheel. Staying involved in your teen’s driving career may be one of the most effective ways to help keep them alive on our streets. Consider enacting a parent-teen driving contact to clearly lay out the rules and the consequences for breaking any household driving rules.
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It was recently reported that Levi Johnston, ex-boyfriend of Sarah Palin’s daughter, Bristol, is filing for sole custody of their 3-year-old after the child appeared on a reality television show using a homophobic slur, cursing and generally behaving badly.Our Munster child custody lawyers know that he will probably need more evidence than that – as well as a good attorney.

Johnston was said to have been “disgusted” by what he saw on Bristol’s new show, and is fed up with what he said are strong-arm attempts to keep him from his son.

However, courts are generally quite reluctant to take a child away from his or her custodial parent, particularly when that parent is the mother.

That’s not to say it’s impossible, and parents do have a responsibility especially in extreme cases (i.e., abuse, neglect, drug use, an unstable home environment) to take action to protect their children.

Most family law judges are interested in establishing an equitable child custody arrangement from the beginning. This is usually done using the legal evaluation of what is considered the “bests interests” of the child.

Some of the aspects that the court evaluates will include:

  • The physical and mental health of a parent;
  • A parent’s lifestyle habits;
  • Whether there are risks of neglect or abuse;
  • Whether the parent is able to fulfill basic needs for the child, including providing food, shelter, clothing, educational and emotional support and medical care;
  • Whether a parent is able to provide a continuity for the child with regard to where they live, what school they attend, what religious organizations they are involved in and other social activities;
  • Depending on how old the child is, his or her personal preference may also be considered.

That said, there are several different types of custody. The two most common are sole custody and joint custody.

Sole custody is where the child or children spend the majority of time with one parent. As a parent with sole custody, you may be more readily able to get permission from the court to relocate and you will also have the right to make major decisions about the child’s medical care or education without having to consult with the other parent. Additionally, the other parent may not have access to school records, activities or medical records.

This type of custody is usually only preferable to the court when it is done to protect the child from certain risks presented by the non-custodial parent. These would include things like an alcohol or drug dependency or a parent who has an untreated mental disorder.

There was a time when sole custody was almost always awarded to the mother, but attitudes and tides are shifting in this regard.

Now, joint custody is the preferred option. Joint custody is an arrangement whereby both time with the child and decision-making regarding the child is shared by both parents.

Regardless of which type of custody you are hoping to be awarded, having a skilled attorney on your side is your best chance for a favorable outcome.
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It may seem as if the divorce settlement reached by celebrities Tom Cruise and Katie Holmes was lightning fast, but our Indiana divorce lawyers understand that it had a lot to do with prior planning on Holmes’ part.Forming a solid divorce plan with your attorney before you ever file a single piece of paperwork or even tell your soon-to-be-ex isn’t sneaky – it’s smart.

Plus, it may allow you to avoid becoming ensnared in a lengthy and emotionally scarring battle if you have a better grasp of your rights, what you need to ask for and what you’re likely to get. Even for those with children, divorce needn’t be a messy or complicated affair – if you take the time to plan ahead.

By the time Holmes had filed for divorce late last month, she had already hired three, high-profile family law attorneys in different states. The divorce settlement was reached just 11 days after she filed. But that doesn’t mean it took only 11 days of work.

The details of that agreement have been kept confidential.

Fast settlement agreements, like the one reached by Holmes and Cruise, are often best-suited for couples who can agree on most of the major points. In general, we may see a shift in divorce cases, with couples more leaning toward this method, perhaps because many are children of divorce themselves, and understand how damaging an ugly, drawn-out battle can be.

Still, there is a lot you may not have considered – everything from how your taxes will be filed and who will claim dependents to how you will split your nest egg. This may be easier if you’ve kept primarily separate accounts, but there is almost always some untangling that needs to be done no matter how autonomous both parties have been throughout the marriage.

Of course, divorce cases are as varied as the marriages that spawned them, but generally speaking, quick resolutions can help you begin your new life sooner, and with no ill effect, provided planning has not been sacrificed to speed.

Once a divorce settlement is reached, there are sometimes disputes that arise with regard to that settlement, which must be resolved before a family law judge. High-profile examples of this include Supermodel Christie Brinkley and her ex-husband Peter Cook, who were battling over property in New York after their divorce settlement, when details emerged about Cook’s affair with a teenager. Actors Alec Baldwin and Kim Basinger too have returned to court multiple times to address child custody issues.

There’s no guarantee new issues won’t arise, but again, the best insulation you have against that is careful planning before you file.

Some good first steps if you’re considering a divorce include:

1. Meeting with a skilled divorce attorney.

2. Making copies of all important records and documents, including bank statements, tax returns, life insurance policies, credit card statements, mortgage documents, wills, etc.

3. Make an inventory of all your family possessions and household items – anything of value, including artwork, jewelry, furniture, appliances, vehicles, etc.

4. Have a solid grasp on your household expenses and budget and know exactly what your spouse earns. Document as much of this as possible.

5. Start saving money of your own as soon as you begin to consider a divorce. This will not only help with legal fees, it will ensure a more stable future as you embark on a life on your own.
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We want to do everything we can to keep our loved ones safe. One of the best ways to do this is to frequently check the latest product recalls from the U.S. Consumer Product Safety Commission (CPSC).

Our Highland personal injury attorneys are asking all residents to take a glance at the latest recalls to help identify any dangerous products that might be in your home. Every year, thousands are injured by defective products — and hundreds of consumers are recalled by the manufacturer or the federal government. Many of these products are marketed for use by children.

Stay up to date with these recalls to help to reduce the risks of injuries.Kolcraft Strollers:

Nearly 40,000 of these products have been recalled in the U.S. and another 300 in Canada because the strollers pose serious fingertip amputation and laceration dangers. What can happen is a kid’s finger can get caught in the opening that is formed when locking and unlocking the hinge used to adjust the handlebars on the strollers. There have already been three child fingertip amputations and a number of adult injuries reported. If you have one of these strollers, you should call the company to get more information on a free repair kit. Call (800) 453-7673.

Black & Decker Coffeemakers

Nearly 160,000 Spacemaker™ 12-Cup Programmable Under-the-Cabinet Coffeemakers have been recalled by Black & Decker. What can happen is the coffee pot handle can break. When this happens, users are subject to serious cut and burn injuries. There have already been nearly 1,300 reports of the handle breaking and another 70 injury reports. If you have one of these pots, contact the company at (866) 708-7846 for a free replacement.

Downeast Concepts’ Beach Chairs:

There are nearly 15,500 folding beach chairs that are being recalled because they pose serious laceration dangers to children. The metal rivets on the chairs are exposed and can cut young ones. There have already been injuries reported to the company. If you have one of these chairs, please discontinue use and call the company for a full refund. Call (800) 343-2424.

Rigo’s Children’s Lounge Pants and Boxers:

More than 210,000 children’s Pull-On Lounge Pants and Girls Boxers have been recalled by Rigo International Inc., of Los Angeles because the clothing fails to meet the federal flammability standards for children’s sleepwear. These items pose a risk of burn injury to children. There has already been one report submitted to the company. The legs of a 9-year-old were burned in an accident. If you have any of these items, contact the company for a full refund. Call (888) 229-1292.

You’re urged to check the list of recalls from the CPSC frequently to make sure that there are no dangers lurking in your home. Share these recalls with your friends and family members to help to keep everyone safe!
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Anyone who has worked through an Indiana child custody plan will tell you that there are a great deal of considerations and challenges.Those challenges can be magnified tenfold when one of the parents is actively serving in the military.

Our Indiana child custody lawyers know that when a military member is frequently on active deployments, it not only makes establishing arrangements more difficult, but it can leave the service member with few legal options when custody disputes erupt.

Now, a national legal panel that aims to make state laws more uniform is targeting child custody laws, as they relate to active military members. The Uniform Law Commission, with attorneys representing all 50 states, met recently in Tennessee to give the final rubber stamp on the Deployed Parents Custody and Visitation Act.

It’s not a law – but it could be. It’s a set of standards that states can choose to adopt in order to level the playing field for military parents and make child custody arrangements more fair. The hope is that state legislators will take action. Of course, there is always the possibility that individual states could tweak certain aspects of the proposal.

The problem, the commission says, is that child custody laws aren’t consistent from state to state when it comes to military members.

Some of examples of problems that family courts have had to contend with include determination of jurisdiction when a military member is based in another state, whether grandparents or stepparents are allowed visitation rights if the military member is on active deployment and whether the temporary visitation and custody arrangements that are in place when the military member is on leave should be made permanent once he or she is home for good.

One case that’s been cited as illustrating how troublesome these problems can be is a Navy officer whose wife was pregnant when he was deployed five years ago. The pair lived in Virginia at the time, but then during his deployment, she left him and moved to another state and reportedly refused to allow him to see his infant daughter. When he filed for custody in his home state, the judge told him he did not have jurisdiction because the officer had been given military orders to leave Virginia.

Unfortunately, a problem in a lot of state courts is a lack of understanding regarding the Servicemembers Civil Relief Act, which was passed in 2003 and suspends certain civil actions for soldiers who are deployed on active duty. While it doesn’t expressly include protections in child custody cases, there has been talk of adding that aspect to the law. A U.S. Representative from Ohio has tried for the last seven years to pass a federal measure that would bar courts from using active deployments against service members in family court.

Part of the legal guidelines drafted by the commission include the stipulation that a parent’s absence from a state due to deployment should not mean that their home state doesn’t have jurisdiction over the custody issue.
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A pedestrian who was walking across U.S. 40 was killed as she walked to support life. The fatal accident happened at about 5:00 a.m. and the woman was wearing a reflective vest when she was hit in Hendricks County.

According to WISH-TV, the woman was walking in support of the Pro-Life movement. She was walking with the Crossroads group, which is venturing from San Francisco to Washington D.C.Highland accident lawyers know summer is the most dangerous time of year for all types of motor vehicle accidents in Northern Indiana, including bicycle and pedestrian accidents.

During the summer season, we see a significant increase in the number of pedestrians and bicyclists along our roads, a fact that increases everyone’s risk for an accident. As a matter of fact, the most dangerous time of the year for both pedestrians and bicyclists is between the months of May and August.

To help pedestrians to avoid accidents with motor vehicles, we’re here to offer some potentially life-saving walking tips.

Pedestrian Safety Tips:

-Don’t listen to headphones or mess with your telephone before attempting to cross the street. Distracted walking is dangerous.

-Always make eye contact with drivers before attempting to cross the road.

-Make sure that you obey traffic signs and cross at properly marked crosswalks.

-While you’re waiting to cross the street, make sure you stay behind the curb. Don’t stand on it.

-Look both ways before attempting to cross the street.

-Be extra careful when it’s raining.

-Avoid drinking and walking. Just like drinking and driving, it increases your risks for an accident.

-Wear brightly-colored clothing to make yourself more visible.

-Walk on the sidewalk whenever there is one available.

-Make your travel as predictable as possible.

Bicyclists are just as vulnerable. Bicyclists of all ages need to be careful along our roadways. A helmet should always be worn even though there is no bicycle helmet law in the state of Indiana, according to the Insurance Institute for Highway Safety (IIHS).

Bicyclists are prohibited from riding more than two abreast in Indiana except on paths or parts of roadways that are set aside for the exclusive use of bicycles. Riders are also required to have a lamp on the front of their bike that can be seen from at least 500 feet when riding a half an hour after sunset until a half an hour before sunrise. You also want to make your maneuvers as predictable as possible. When drivers can see you and know where you’re headed, your risks for an accident decrease.

Be safe out there. Summertime doesn’t have to be such a dangerous time on our roadway for travelers. Be cautious and alert to help reduce everyone’s risk of becoming a tragic summer statistic.
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Phone: 219-836-2200
Fax: 219-836-9388

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