Frequently Asked Questions About Indiana Family Law
Walterman Legal provides experienced representation for those facing tough family law challenges. I know that legal separations, dissolutions of marriage (divorce), guardianships, modifications of support and of custody, and parenting time issues require personal service and practical advice.
Below are some of the typical questions our family law clients have. I invite you to call me, attorney Joe Walterman, at 317-953-2281. In a free consultation, I can answer specific questions about your situation.
Will I lose all my property to my spouse if I file for divorce?
Indiana law calls for spouses to divide both assets and debts equitably (not necessarily equally). There are exceptions when one spouse acquired an asset before the marriage, a spouse has given up further education and employment possibilities to support the other spouse’s career during the marriage, or when one spouse is caring for a child with special physical or educational needs. There are other exceptions and every situation is unique. I will help you understand your rights regarding property division when filing for divorce.
If I file for divorce, will my spouse be able to keep me from seeing my children?
The law does not allow one parent to keep children away from the other parent. Only a court can order reduced parenting time and typically this is only done in extreme circumstances when a parent has alcohol or drug dependency issues, serious criminal issues, or other serious problems that make them unfit. Most of the time, a parent will have time with their children according to the Indiana Supreme Court’s Parenting Time Guidelines.
My child is 18 years old. Can I stop paying child support?
Child support continues in Indiana until the child is 19 years old, unless (a) the child is previously emancipated by a court, or (b) the child is over 18, not in high school or college or enrolled to attend high school or college, and is currently supporting or is capable of supporting their self. Courts will continue a parent’s duty to pay child support if a child is under some disability or incapacity to support himself. To terminate child support, a court order is required.
My income has dropped a lot from when I first started paying child support. Can I start paying less child support?
Only a court can modify the amount a parent pays in child support. If your income has changed dramatically and appears to be a long-term change, then contact me for advice on how child support can be modified.
My parents are getting older, and I do not think they can make good financial or health care decisions for themselves. Can I take care of their finances and make health care choices for them?
Helping aging parents can be difficult. It requires respect for the individuals involved and a realization that help must be given to those that for so long helped us. There are several ways a child can look after their parents. Powers of attorney allow a person to make financial and health care decisions for another person. In more difficult circumstances, a guardianship can be requested from a court to appoint a responsible person to manage the affairs of another person. Our firm will help you decide what steps need to be taken to help your aging parents or other family members who cannot take care of themselves. Walterman Legal also offers estate planning services.
Bring Me Your Divorce And Family Law Questions
In nearly 20 years of practice, I have helped many families through these challenges and will give you the personal attention you deserve. Call my Greenwood office at 317-953-2281 to schedule your free initial consultation, or contact me online.