Question 1

Do I really need an attorney for my family law issue?

Accepted Answer

Where your family is concerned, legal decisions can have a significant impact on your life and your future. Family law, which runs the gamut from prenuptial agreements to guardianship to divorce, can be extremely complex. Having an experienced attorney at your side is extremely beneficial for your case to ensure that you are aware of all of your rights and obligations. An attorney can be instrumental in helping you get a fair and equitable divorce settlement.

Question 2

What is mediation?

Accepted Answer

Mediation involves a neutral third-party who helps to facilitate conversation between two disputing parties. When compared with litigation, mediation is more cost-effective, reduces the time spent resolving the conflict, and allows individuals to play a bigger role in dispute resolution.

Question 3

How Much Will My Divorce Cost?

Accepted Answer

Each divorce is different. If your case has more complicated facets, it can take a longer time to research and litigate. If both parties are willing to work together in mediation, however, you could find that you are able to successfully resolve all issues in a manner that is much less expensive. To learn more about your specific case, contact my office today for an individual consultation.

Question 4

How Do Judges Determine Child Custody?

Accepted Answer

Judges make child custody decisions based on the best interests of the child. There are two primary types of custody in Indiana, physical custody and legal custody. Physical custody refers to the residential location where the children live. In some cases, parents can share physical custody. Legal custody means the ability to make critical life decisions for children regarding their education, medical care, and religion. Parents can share joint legal custody.

Question 5

What is a Guardian ad Litem?

Accepted Answer

A guardian ad litem is an attorney appointed to represent the interests of the children. He or she is responsible for gathering evidence and speaking to pertinent individuals in order to craft a report with a custody recommendation for the judge. If a guardian ad litem is appointed in your case, he or she may wish to speak with you, children’s teachers or even children’s healthcare providers.

Question 6

Will I Receive Child Support?

Accepted Answer

The State of Indiana uses a formula to determine whether a party will pay child support. That formula considers each parent’s weekly income, the cost of any necessary daycare, healthcare costs for the children, and the amount of parenting time the non-custodial parent receives. When parents share similar amounts of custody time, they can opt to forego a child support agreement in favor of each parent taking care of financial responsibilities that arise during his or her parenting time.

Question 7

Will I Receive Spousal Support?

Accepted Answer

Spousal support is also sometimes referred to as maintenance or alimony. A court may order spousal maintenance under in three circumstances: incapacity maintenance, caregiver maintenance, and rehabilitative maintenance. In the absence of an agreement between the parties, the trial court’s authority in ordering spousal support is restricted and limited to these three statutory options. Judges look at the educational level of each spouse at the time of marriage, whether one spouse took on homemaking responsibilities and gave up employment or training opportunities to do so, and the earning capacity of each spouse, among other factors, to determine whether spousal support should be awarded.

Question 8

1. I was laid off because of coronavirus. Do I still have to pay child support?

Accepted Answer

Yes. The coronavirus has led to a historic number of unemployment claims. While you may be able to seek a modification of your child support order due to your decreased income, your current order will remain in effect until you modify it. There may be ways that you can maximize your income in the meantime, such as applying for expanded unemployment benefits available under the CARES Act.

Question 9

2. How are stimulus checks divided between spouses who are getting a divorce or just got divorced?

Accepted Answer

Couples who filed married filing jointly may receive up to $2,400 in the current economic stimulus payment structure if they do not exceed certain income thresholds and meet other requirements. If you have not yet gotten divorced, you may want to include instructions in your agreement about splitting up these funds. The $500/dependent check will go to the parent who claims the child on their income tax return.

Question 10

3. Do we have to follow the parenting plan if we agree to other terms during the coronavirus?

Accepted Answer

Parenting plans are designed to be flexible while providing consistency for children. Many of them contain provisions about making changes as circumstances change, such as the parents must make these changes in writing or that they should use the mediation process to resolve differences. If you use mediation to reach a new agreement, you can present this agreement to the court to make a formal modification of your order.

Question 11

4. Is my parenting plan still in effect during coronavirus social distancing?

Accepted Answer

Yes. Parenting plans and other court orders are still in effect during the pandemic. You may want to make slight adjustments in how you interact with the other parent to adhere to social distancing guidelines, such as not coming in close contact during exchanges.

Question 12

5. I share parenting time with my ex equally. I am at high risk for coronavirus, but my ex is not following CDC guidelines. What can I do?

Accepted Answer

If you believe that your ex may jeopardize your health, you may be able to talk to him or her first to express your concerns. Mediation can allow you to have better communication with your ex and allow you to present your concerns respectfully. Through the guided assistance of an experienced family mediator, you may be able to make changes to your plan that meet both of your needs while focusing on the best interests of your child.

Question 13

6. We have equal parenting time.I am concerned my ex is not following safety protocol during their parenting time. Can I file something with the courtto make them comply?

Accepted Answer

While you may be able to file a petition to modify your parenting plan, Indiana courts are largely working on a remote basis and are phasing in non-emergency cases. However, you may experience delays due to COVID-19. It may be possible to modify your plan with your ex through the process of mediation until you can make a formal charge with the court.

Question 14

7. I have primary custody and live in Columbia City. Their father gets the kids when school is out. Since school is currently not in session in Columbia City,does he get them now?

Accepted Answer

Check the particular language of your parenting plan to see if there are provisions that address this situation. While school may be physical “out,” most schools are conducting distance learning, so the school schedule may need to be followed if there is no language to the contrary. However, if your child finishes assignments early, you and your ex may be able to work out an alternative plan for parenting time.

Question 15

8. I am an unmarried father and have a written parenting agreement to share 50-50 parenting time with my ex. She said she is not going to let me see my son during coronavirus. Can she do that?

Accepted Answer

The coronavirus pandemic has created a lot of unease. Many parents are grappling with what they should do to protect their children during a global health crisis while also honoring court orders. Others may be taking advantage of the situation to get the amount of parenting time they want. It is important to work together with your spouse. Mediation may be able to help you resolve this problem without having to resort to litigation.

Question 16

9. What can I do if my ex refuses to let me see my kids because of COVID-19?

Accepted Answer

The first thing that you should do is to try to communicate with your ex. Provide a written request to see your child and outline when your parenting time was not provided. You may also want to consider mediating the matter so that the problem can be resolved more quickly than it would if a court date had to be scheduled.

Question 17

10. How can we safely handle exchanges with social distancing? How will supervised visitations be affected?

Accepted Answer

Check with the court on how supervised visitations are occurring. You may need to make alternative arrangements if an organization assists with these visits and they are closed due to the pandemic. You may be able to conduct your visit over phone calls or videoconferencing. You can take protective measures to make exchanges safer by limiting contact with the other parent and minimizing the number of people who show up for exchanges. You should also avoid sharing your child’s items during this time, if possible.

Question 18

11. Will grandparents lose court-ordered visitation because of coronavirus?

Accepted Answer

Court orders are still effective during the pandemic. However, if you are in a high-risk group, you may want to make alternative arrangements during this time, such as postponing visitation or conducting visitation over the phone or videoconferencing. Mediation may be able to help you and the parent reach an agreeable solution.

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The Law Office of Dawn M. Boyd

155 Diplomat Dr e
Columbia City, IN 46725

(260) 244-6900

E-Book

The Law Office of Dawn M. Boyd

155 Diplomat Dr eColumbia City, IN 46725

(260) 244-6900

155 Diplomat Dr e
Columbia City, IN 46725