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Indianapolis Family Law Blog

Child support may not end at adulthood

Parents who are ordered to pay child support generally assume that it will last until the child becomes an adult. This is often true, but there is one key exception to keep in mind: Children with a disability.

Remember, a child who is disabled or who has special needs may not be able to live on their own, no matter how old they are. Just turning 18 or 19 does not mean they no longer need their parents. That obligation continues for the rest of the child's life.

Divorce agreements do not apply to creditors

Your divorce agreement is between you and your ex. You are bound by any court orders. However, do not assume that what you decide as you end your marriage lays out a mandate for all other parties involved.

Notably, creditors are not bound by these agreements. They still go by the initial agreements that you signed when you borrowed the money in the first place. This is why many experts suggest that divorcing couples quickly shut down any joint accounts and start new ones in their own names.

Should you and your ex vacation together?

When you were married, family vacations meant you, your spouse and your kids. After the divorce, you still want to take vacations, but it's a one-parent-only situation. That's the most natural setup, as even parents who get along after divorce often do not want to spend that much time together.

However, you need to understand that the kids may still ask for a vacation with both Mom and Dad. One woman said her son often felt disappointed by vacations with her and not her ex, the boy's father. He wanted him to come along just like he had before. They had activities they liked to do together, like playing basketball, that the boy knew wouldn't happen if Dad stayed home.

As your wealth increases, do you need a postnup?

You considered getting a prenuptial agreement, or a prenup, when you and your spouse were preparing to marry. Ultimately, you decided that you did not need one because you did not feel like you had enough wealth to make it worthwhile.

Over the years, though, things have changed drastically. You started your own company, and it grew at a swift rate. You have bought new homes, cars and much more. You invested a lot in various accounts. You put a lot of your earnings back into the business. The company just keeps expanding. In short, you have more wealth now than you ever imagined when you first got married.

Same-sex marriage continues to grow more common

The Supreme Court ruling making same-sex marriage legal in 2015, known as the Obergefell decision, naturally led to a massive increase in marriages in the years to come. This was a ground-breaking ruling and changed the landscape of marriage in the United States.

Studies have shown that it continues to become more and more common every year. The largest increase happened right after the court ruling, implying that many couples were more than ready to get married and were just waiting to be allowed to do so. While that rate may have slowed down, it's still true that these marriages continue to show up in greater numbers.

Does your child's teacher need to know about the divorce?

As you move toward divorce with your spouse, you decide to tell family members and friends. But then you start wondering about your child's teacher at school. Should you tell them? Or is that oversharing? Do they need to know?

What you decide is up to you; you certainly do not have to tell the teacher if you do not want to. This is private information.

Is it common to think about getting a divorce?

The first time that divorce crosses your mind, you feel a bit shocked. Maybe you grew up thinking that divorce should never be the answer. Maybe you don't know anyone personally who ended their marriage. You feel like you're nearly alone just to consider the option.

You really should not feel that way, as the statistics show that you are not alone at all. And you don't even have to look at the divorce rate to see it. In one study, those between 25 years old and 50 years old, who were married, were asked if they had ever thought about divorce. More than half of them said that they had.

Gender changes in the workforce impact family roles and custody

The gender assumptions and stereotypes that used to plague child custody cases are starting to disappear. More and more, for instance, both men and women get shared custody of the kids rather than seeing it heavily favor mothers.

There are a lot of reasons for this, including an understanding that men can also be excellent caretakers and the knowledge that children do best when they have a relationship with both parents. One other thing that factors in, though, is how often women now enter the workforce.

Be creative when considering child custody options

People often fall into the same old patterns when trying to figure out how to set up a child custody plan. For instance, they simply alternate weeks or send the kids to the father's house on the weekends.

For many, these time-tested strategies may work, but do not make the mistake of thinking that you have no other options. You can be creative. You can think outside of the box.

Should you sell investments to split them in divorce?

Your divorce means dividing your assets. Much of your money is tied up in investments. You like to have that money working for you 24/7, increasing your wealth even while you sleep.

However, the easiest way to divide those assets, you believe, is just to sell them and split the proceeds. It seems straightforward. That's the same thing you're going to do with the house, which you plan to sell on the open market. Is this a wise choice for your investments?