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

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.

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.

How Much Will My Divorce Cost?

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.

How Do Judges Determine Child Custody?

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.

What is a Guardian ad Litem?

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.

Will I Receive Child Support?

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.

Will I Receive Spousal Support?

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.

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

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.

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

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.

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

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.

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

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.

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?

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.

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?

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.

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?

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.

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?

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.

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

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.

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

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.

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

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.

COVID-19 Stimulus Check: Who receives it in a divorce?

August 7, 2019Uncategorizeddawnboyd

Because of the Coronavirus pandemic, the world is currently in a crisis. Many employees have been laid off because there are businesses that have no choice but to shut down. Some have enough to survive, while others do not. Because of what has been happening, just this late March, Congress has passed the CARES Act. And as a part of the CARES Act, coronavirus stimulus checks, or officially called Economic Impact Payment will be given to eligible families. This is monetary assistance during this COVID-19 pandemic.

Because many problems arose during this global crisis, some couples decided to end their marriage and file for divorce. Confusion now arises to couples who got recently divorced or who are going through a divorce process.

The question of many is: Who gets the stimulus checks in a divorce?

The COVID-19 stimulus checks are deposited into the account where you filed your last income return jointly. So if your last filing was 2018, you are still married by that time, and the 2019 taxes have not been filed yet and you are now divorced, the stimulus checks will be deposited to one spouse’s account only. Ideally, the assumption is you are still together based on 2018 records and now 100% of the COVID-19 stimulus checks are deposited into one’s account.

What do I do?

If it has been deposited in your account, then you do not have a problem at all. Just divide the check equally or according to a mutual agreement for a fair share. However, if it has been deposited in the other spouse’s account, you would have to ask for your share. Hopefully, you are still in contact and in good terms to talk about the share and division of the COVID-19 stimulus checks.

If the other spouse does not want to share or you are having disputes about the division of the monetary assistance, you should seek legal help. It does not have to be necessarily a case you have to build up in court and for litigation, this is something that mediation can fix. Furthermore, litigation will cost more money, and courts are closed.

Mediation is where a neutral person, who is knowledgeable about the law, will sit and discuss in your amidst. He or she will moderate the negotiations until you and your ex-spouse will reach an agreement that both will benefit you.

Who do I call for mediation?

The Law Office of Dawn M. Boyd is here to assist you with your concerns. Dawn M. Boyd has been practicing law for over two decades has been focusing on family law. Because of his experience for more than 20 years, he has handled many clients for mediation and litigation. Since he has worked with many couples, he understands the conflicts that may arise during mediation or litigation. He is experienced and accomplished, a lawyer who is committed to hear your concerns and aid you in the legal aspects. For consultations and appointments, contact us today.