How Bankruptcy Affects Child Support and Alimony Obligations in Indiana
One of the most common reasons people consider bankruptcy is due to financial stress. But when family law obligations, such as child support and spousal maintenance, are involved, most folks are unsure if bankruptcy will relieve them from paying those obligations. The truth is, family support obligations are handled quite differently from all other debts....
Can Credit Card Debt Be Divided in an Indiana Divorce?
Couples going through a divorce process usually think about the division of assets such as the house, retirement accounts, and cars. However, the debts that have been incurred during the marriage process need to be settled, too. The debts that usually become a major point of contention during the divorce process involve credit cards. Many...
Filing for Bankruptcy After Divorce: When Financial Reality Sets In
While divorce is an emotionally trying time, it is also tough on your finances. After a divorce, many folks are left to deal with debts that, while they were married, had been easily managed with two incomes to support a family. Bankruptcy is one way for people to get their lives back on track financially,...
How Indiana Courts Handle Hidden Assets in Divorce Cases
During divorce cases, both parties have to make full disclosure regarding their financial situation. Such disclosure is vital to make a fair division of assets and debts. However, there are cases where one party hides their assets to avoid sharing them with their spouse. In Indiana, the problem is taken seriously by the court. Hiding...
When Parental Conflict Undermines Joint Custody
Indiana courts frequently advocate for a joint custody arrangement when both parents are able to cooperate and communicate. However, this is not always possible in all cases, especially when both parents are unable to cooperate. The following is a recent example. Background of the case In this case, the parents had one minor child and...
When Joint Custody Breaks Down in Indiana Family Law Cases
In Indiana family law, joint custody is effective when parents are able to maintain communication and work together for the best interest of the children. However, when communication breaks down to the point that joint custody is no longer effective, the courts are able to intervene and make modifications to existing custody situations. Background of...
Unequal Division of the Marital Estate Under Indiana Law
Indiana law begins with the presumption that marital property should be divided equally between spouses at the time of their divorce. However, that presumption is rebuttable, and courts may order an unequal division when the evidence shows that an equal split would not be just or reasonable. A recent Indiana Court of Appeals decision illustrates...
Child Relocation Disputes Under Indiana Family Law
One of the most difficult aspects of family law is when one parent wants to relocate their child, depriving the other parent of parenting time. In these cases, the court has to strike a balance between the rights of the parent to relocate and the need to ensure the child maintains a relationship with the...
Contested Custody Modifications Under Indiana Law
Disputes involving custody tend to be the most contested when one of the parents wants to alter the existing custody agreement. However, the Indiana courts take a careful approach to custody modifications. A recent case decided by the Indiana Court of Appeals illustrates the process of evaluating contested custody modifications and the reasons why the...
When One Spouse is Ordered to Pay the Other’s Attorney’s Fees in an Indiana Divorce
Attorney fees are usually a significant point of contention in a divorce proceeding. Indiana courts have wide discretion to order one party to pay for the legal fees of the other, especially in cases where one spouse has significantly more assets and income than the other. In other cases, a spouse can engage in litigation...
