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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Nov 29
1999

Ask a Lawyer: Child support credit

Posted by Dads Divorce in Maintenance , IN , Child Support , Child Support , Ask A Lawyer

Question:

If the non-custodial parent pays ahead on child support to protect against arrears in case of financial difficulties, can the excess be used to offset an increase in child support payments until the excess is depleted?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. Usually no, but if you write up the Agreement to provide for it, then yes. I suggest you provide for it in any agreement that you make regarding the increase or present that issue to the court at hearing.
Comment (0)
Nov 29
1999

Ask a Lawyer: How is the child support amount figured out by the judge?

Posted by Dads Divorce in Maintenance , IN , Child Support , Child Support , Ask A Lawyer

Question:

I have one child, who is 12, from my ex-wife and I have 2 more with my current wife (5 & 19 months). We just recently bought a house and with all the payments we make we barely bring home enough to use for our own pleasure. I used the state calculator estimator and it said that it would be 111.00 a week based on my net income. Does the judge consider the fact of all my monthly expenses and my 2 other children before making a final decision. Or is it based on my net income and that alone? Also can I put myself on child support before she does? Thank you in advance for reviewing my question and responding at your convenience.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. The Court can consider the other children in your custody, but generally children born after the fact can not decrease the amount of support for an older child. The Court gives preference to the support for the older child considering that child was born first and you knew that prior to having more children. However you can ask the court to consider other factors to decrease your support. However based upon the amount of support, if you hire a lawyer I think you will not have the kind of benefit that you are looking for.
Comment (0)
Nov 29
1999

Ask a Lawyer: Indiana emancipation

Posted by Dads Divorce in service , national , military , Maintenance , IN , guard , emancipation , education , Child Support , Ask A Lawyer

Question:

I have an 18 year old son living with his Mom in Indiana. He graduated high school in May and will be going to College in the Fall. I just learned that he has joined the Indiana National Guard. Does this qualify as military service? Is this grounds for emancipation? He starts his basic training in a few weeks.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. That should be grounds for emancipation unless there are extenuating circumstances.
Comment (2)
Nov 29
1999

Ask a Lawyer: Visitation and Support Order

Posted by Dads Divorce in Visitation , Visitation , Parenting , IN , custody , custody , Ask A Lawyer

Question:

My childrens mother has not let me see my kids since July 9,2006 she took me to court in May 2006 since then she has moved changed phone numbers and I have no idea where my children are. My payroll check is garnished of $122.00 a week.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. Is there a court order for custody? If so, you need to file to enforce this order so you can see the kids. If not, then you need to file a motion with the court to have custody with the children as soon as possible.
Comment (0)
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