Indiana Divorce Legal Questions

My guess is that you decided to "share the children's expenses" on your own without an attorney advising you, because no lawyer would tell you that was a good idea if the children are living with you. If you cannot afford an attorney, call the prosecutor's office in your county and ask for the child support division. They may be able to review the support situation for you for a minimal charge.... Read More

Not sure what you want to challenge here. If you saying that you rolled over into your IRA a portion of the pension that the decree said would be hers, you shouldn't have done that. If you are saying that she is seeking to take part of the pension that is not hers, any family lawyer can help you with that. Either way, trying to do something yourself is a recipe for disaster.... Read More

Either side may have as many appraisals done as they wish.  The concern is which appraisal will the court use in valuing the marital property.  If there is an appraisal done by aggrement of both sides, then it is important that the court know that when making their decision.  It is important that you serve discovery on the opposing side asking for copies of the appraisal as well as any written communication between the appraisor and their side.  That information may be important in attacking their appraisal at trial.  If there is a request for attorney fees made by the other side, then I would certainly ask the the cost of having the appraisal redone be removed from that request.  Depending on the results of the various appraisals, it may be important to demonstrate to the court that they were just shopping for the highest number.  On the other hand, if they have more than one appraisal showing a far different number from the one that you have, make sure you discuss with appraisor prior to trial so that they are prepared to testify as to the basis for their opinion.  ... Read More

As a general rule in Indiana, you do not have to pay for college expenses unless there is a court order requiring that you do so.  That court order may be in the Final Decree or Settlement Agreement or it may be in an order modifying that final decree.  If the initial child support was ordered prior to July 1, 2012, then your ex-spouse has until your child's 21st birthday to ask the court to order that you pay college expenses.  The court may or may not make the order retroactive back to 2011.  The issue of your daughter not responding to you is very fact sensitive and a court may or may not take that into consideration in determining whether they should order the college expenses paid by you.  The court will consider the reasons why the child is not communicating with you in making that determination.   Medical expenses are generally ordered as a part of the child support order.  Generally, the custodial parent is required to pay a certain amount each year of the uninsured expenses and the remainder of the uninsured expenses are split between the parties in proportion to their income.  It would be very unusual for a child support order not to address the issue of medical expenses.  I would go back and carefully read your divorce decree and any child support obligation worksheet which was attached to it.   These are complicated questions and there are many other factors which influence a court's determination of these matters such as the parent's respective incomes, children's grades, quality of the proof of the expenses, child's application for financial assistance, financial assistance, etc.  ... Read More

To apply for a marriage license, you just need to apply, you do not to get a warrant to obtain one. If your question was whether you could get a license while there is an outstanding warrant against you, deal with the warrant first. In no way is it fair for you to marry someone when you may have to go off to jail at any moment, maybe even during the ceremony.... Read More

Why do you have your wife back living with you? If you are doing that, then you are voluntarily taking on the responsibility and would not in all likelihood be paying spousal support as well. Assuming the child then is ALSO living with you and you are paying expenses, child support would be doubtful. If ordered, you could always have your ex-wife pay it back to you or move out of your house.... Read More

If you are married, then the car belongs to the marriage, regardless of whose name is on the title, and who paid for the car.   You both have equal rights to the car.   This is no way to live.   I suggest you consult with an attorney in the county where you live and discuss your options.  Good luck!  ... Read More

The easiest way is to try to find him, maybe through a family member, social media, there are companies who will try to find people for you. If that fails, you can always publish in a newspaper where you have reason to believe he might be.    This is best handled by an attorney in the county where you live.  Good luck!  ... Read More

Indiana has a residency requirement of 6 months.   Other states have different residency requirements.   As long as one of the parties meets the residency requirement in their state, that divorce should be permitted to go forward.  A word of caution:   If you wait for the other party to file you may be dealing with a dissolution action in another state, which will be inconvenient to say the least, and expensive to travel to court, and could put you at a disadvantage.  ... Read More