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Indianapolis Family Law Blog

Should you ask your children where they want to live?

You and your ex get shared custody in the divorce. You sit down to decide where the children should live and what schedule you should use.

As you talk it out, though, you can't help but feel like one important factor is missing. What do the children actually want? Should you ask them where they want to live?

How can you keep your business out of your divorce?

It can be frightening to go through a divorce as a business owner. You worry that you could lose your business or the assets you need to make it run.

The best thing you can do to protect your business is to have a prenuptial agreement in place before you get married or get a postnuptial agreement after you get married. These agreements give you a chance to ask your spouse to legally say that the business assets go to you alone in a divorce. You can split up what you own as a couple, but not the company.

Why are divorce rates lower for millennials?

Divorce rates have been dropping, studies have found. Millennials just do not split up as much as older generations. The rate has fallen off by close to 18 percent in recent years.

Why is this happening? Experts have a number of theories, though every marriage is unique.

Can you protect your children when your ex is dangerous?

You worry that your ex is dangerous for your children to be around. You do not want them going to his or her house. You want full custody. You want to do everything in your power to protect them.

The first thing you should know is that courts do take this seriously. Bring up your concerns during the divorce. Even if the divorce already happened and the ruling gave your ex custody rights -- perhaps you didn't worry about the danger then, but things have changed in the years since the divorce -- you can go back to court. Instead of acting on your own, get in front of a judge.

Does child support decrease when a child goes to college?

Child support obligations often end when the child turns 18 and becomes emancipated, meaning the child can support themselves. Since your ex is no longer supporting them, you no longer have to pay support either.

However, in some cases, a child who attends college is not considered self-supporting. College takes the place of work, but it does not come with an income or a living wage. The child may still live with your ex until he or she earns a degree and then becomes emancipated.

Can I modify my child custody or child support arrangements?

Your child custody and child support arrangements are not set in stone. In fact, if you, your child or your spouse has experienced a significant change in circumstances, an Indiana family law court may agree to modify your court orders to reflect your current situation and needs.

It's not uncommon for parents to request a modification relating to:

  • Child custody arrangements
  • Visitation schedules
  • Child support payments

3 questions and answers about same-sex adoption

As same-sex marriage becomes more widely recognized, many couples in the United States are interested in adopting in order to expand their families. The adoption process can be difficult for any couple, so it is very important for all those who are interested to understand as much as possible about that process. To that end, here are three common questions and answers.

1. How many same-sex couples adopt children?

The working parent may have a disadvantage in divorce

You value your career and you feel happy to be a working parent. While you love your kids, you still want to stay in the workforce and try to find some balance.

While that may work during your marriage, if you and your spouse decide to get divorced, it could put you at a disadvantage.

7 ways parents interfere with custody rights

In a perfect world, parents always abide by the child custody orders laid out by the court. Even when they do not get along, they know that it is the best thing to do for the children.

In reality, though, parents sometimes attempt to interfere with each other's custody orders. It is important to know that this occurs so that you will be able to react properly if it happens to you. Below are seven examples of custodial interference:

  1. Refusing to allow the other parent to take the child for visitation or to switch custody
  2. Refusing to agree on a definition for "reasonable" visitation, if the court order only says that access must be reasonable and does not specify what this means
  3. Cutting off visitation with excuses right before it is supposed to occur -- for instance, calling to say that the child came down with an illness or that they forgot about other plans
  4. Not taking the child to the location where the exchange is supposed to happen.
  5. Actively influencing the child to turn him or her against the other parent, thereby getting the child to refuse to switch homes or attend visitation.
  6. Ignoring all requests that the other parent makes to take the child to special events, like a father-daughter dance or a family reunion.
  7. Breaking the set schedule by always being late and hindering the other parent's ability to pick up or drop off the child.

Questions you must ask when ordered to pay child support

As you get closer to a divorce, you realize that you are going to be ordered to pay child support. You cannot see any way around it. While you do not mind paying because you want to help your children, you also realize that you need to learn as much as possible about child support obligations before they begin.

To help you get started, here are a few important questions to ask:

  • How long do you need to pay? Does the child support last until the child is 18? What if he or she has special needs? Then can it last longer? How much longer?
  • Does your child custody arrangement impact how much you have to pay? For instance, will you pay more if your co-parent gets sole custody and you just visit the kids, compared to what you would pay if custody was split 50/50?
  • Does the support requirement change if your former spouse gets remarried? Does the stepfather have any liability?
  • Do you have to pay child support even if you and the child's other parent never married?
  • What rules does Indiana use to determine how much you will need to pay? How much do factors like standard of living, income differences and the child's specific needs impact the case?
  • Can you ask for an alteration if something changes? If you lose your job, for instance, can you get the payments lowered?