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The Putative Father

In Indiana, like many states, a husband is presumed to be the biological father of any child born during a marriage. This means that unmarried men must establish paternity if they wish to establish themselves as the legal father of a child. This process is called establishing yourself as the putative father. The putative father...

Theft in Indiana

Under Indiana criminal code, a person commits theft when he or she knowingly or intentionally exerts unauthorized control over another’s property and with the intent to deprive the other of the value or use of such property.[1] A person’s control over another’s property is “unauthorized” if it is exerted without the owner’s consent, in a...

Divorce vs. Legal Separation

Although the two topics might seem similar, legal separation and divorce are two different alternatives for couples that no longer want to be married. Divorce is the formal dissolution of a marriage. Legal separation, on the other hand, simply allows a couple to live separate and apart for a period of time to decide whether...

The Alimony Recapture Rule

The recapture rule is a federal tax concept that is triggered if alimony payments decrease or end within the first three calendar years of when the first qualifying payment of alimony under divorce decree or separation agreement is made. Indiana does not have alimony but does have spousal maintenance which may be treated the same way...

Same-Sex Couples Have the Right to Marry

“Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right,” – Justice Anthony Kennedy In a landmark opinion, the Supreme Court ruled on Friday, June 26th, that same–sex couples can marry nationwide. In a 5-4...

Enforcing Out-of-State Child Support

What happens when a parent moves out-of-state and he/she is required to pay child support? What happens if you owe child support and the custodial parent moves out of state? Regardless of the situation you may find yourself in, child support agreements are enforceable from any state due to the Uniform Interstate Family Support Act (UIFSA)....

Bankruptcy and Back Taxes

Sometimes people find themselves in tough financial situations. Some people cannot pay their federal taxes and consider bankruptcy as an option. While bankruptcy is an option, there are other options available through the IRS. If filing bankruptcy is the option you choose, the most common is Chapter 13 bankruptcy for individuals. If you file a...

What is Spousal Maintenance?

The law in Indiana presumes both spouses will work to support themselves once a marriage dissolves. However, the law carves out an exception for spouses who cannot work. Spousal maintenance is commonly referred to as alimony. It can be awarded in certain circumstances and is determined on a case-by-case basis. Indefinite Maintenance There are two...

Ending Child Support

Do you have a child support obligation or are you receiving child support?  Are you wondering when child support ends?  The common belief is that child support ends when the child turns age 18, however each state has differing laws regarding the termination of child support. Child support orders are legal obligations to provide financial...

Tuition: New Bankruptcy Concept

In the past college tuition was a non-issue in bankruptcy cases because financially it did not amount to much.  However, in recent years, college tuition, especially at private universities, can cost up to $50,000 a year.  On average, the annual college tuition is over $30,000.  Bankruptcy trustees therefore have begun focusing on tuition paid by...