In some cases, when parents do not pay, the court can order interest on the arrears, to account for the time single parents had to struggle to make ends meet without support.

On the other hand, sometimes economic circumstances of the non-custodial parent change and they are no longer able to continue paying support at the same level. Even so, they cannot simply stop paying. They must petition the court for a modification of child support payments, or else risk being charged interest and other fines and penalties.more

The Indiana Supreme Court recently considered the case of alleged child support arrears in Betancourt v. Betancourt. Here, mother appealed a lower court order finding her ex-husband was not behind on his child support payments and thus in contempt of court.

Court records indicated the pair married in 1998, had a child later that year and divorced in 2003. Pursuant to the divorce agreement, mother was granted physical custody and father was ordered to pay $100 a week in support, plus $20 a week in arrears from a temporary support order when they first split up.

Father was in a motorcycle accident in 2006 and the following year started to receive Social Security Disability Insurance (SSDI) payments. Soon after, the mother began to receive SSDI payments via the father’s checks on behalf of the child. These payments totaled $210 a week. However, the father only sporadically paid toward his $20-a-week arrears.

At a hearing in 2009, mother asserted father was $10,200 in arrears in total support. The court agreed and imposed an 8 percent interest rate, ordering him to pay $40 weekly, plus his income tax returns every year until the balance was paid off. Father was also found in contempt of court. His parenting time was restricted for four months and he was ordered not to drink alcohol for 24 hours prior to weekly engagement (with mother allowed to require father to take a breathalyzer at any time). He was also ordered to pay half of all medical and daycare expenses not covered by insurance.

At the time, the court stated the SSDI support would satisfy the father’s full obligation for future support.

Then, in 2014, child was dropped off for scheduled parenting time but father refused to return the child to the mother. Mother filed an emergency petition and father was found in contempt.

Despite the circumstances, both parties agreed to transfer primary physical custody to father several months later. Father began to receive SSD payments on behalf of child.

The following year, at another hearing, it was determined father was nearly $22,000 in arrears for child support, uninsured medical expenses and interest.

However, the trial court declined to find in favor of mother because the amount she received from SSDI was nearly double father’s required weekly payments. For the length of time she received these payments, the arrears was satisfied, and mother’s support was set at $80 weekly.

The appeals court affirmed.

Matters of child support can be contentious and complex, and it’s important to hire an experienced family law attorney who you know will fight for you.

Indiana Family Law Attorney Burton A. Padove handles divorce and child custody matters throughout northern Indiana, including Gary and Hammond.

Additional Resources:

Betancourt v. Betancourt, Feb. 18, 2016, Indiana Court of Appeals

More Blog Entries:

Carr v. Carr – Survivor Benefit is Marital Asset, Indiana Appeals Court Rules, Feb. 20, 2016, Hammond Child Support Lawyer Blog

This is true even when natural parents initiate an action to re-obtain custody of a child. In those situations, the burden of proof doesn’t automatically shift back to the parent. Instead, it’s always on the third party. Parents and third parties aren’t, as the courts have held, on a “level playing field” when it comes to custody. Parents will always have the upper hand.

However, this does not mean parents don’t lose these cases. In fact, it happens all the time and it’s often the result of being unprepared for hearings and trials – including failing to adhere to court recommendations and guidelines from previous hearings. more

A Hammond child custody attorney can help in these matters, whether it is guiding parents on the path toward regaining custody of their children, or helping third parties obtain or maintain custody where it is in the child’s best interests.

In the recent case of Nelson v. Nelson, before the Indiana Court of Appeals, a mother who signed over custody of her daughter to her mother and aunt sought to regain custody of the girl, now 8. However, the child’s grandmother and great-aunt argued the child would be better served remaining in their care. The court agreed, as did the Indiana Court of Appeals.

Mother pointed to the precedent set in the case of In re Guardianship of B.H., but the courts analyzed the totality of the circumstances in denying her request.

According to court records, the little girl was born in October 2006. At the time, her mother was unmarried and had a history of difficulty with drugs and the criminal justice system. The girl spent all but eight months of her life living with her maternal grandmother and great-aunt in adjoining apartments.

In 2012, when the girl was six-years-old, her grandmother and great-aunt filed for custody of the girl. At the final hearing, the girl’s mother testified she had no job, no earnings, no motor vehicle and a number of outstanding criminal issues, including a pending trial for possession of methamphetamine. The mother indicated she believed it was in the best interest of her daughter to be in the custody of her mother and aunt.

The girl’s father was neither present nor involved. Trial court grated that petition.

Fast-forward two years. The girls’ mother sought to terminate that custody order .She had since gotten married. She had twins. She was on probation for possession of methamphetamine, but she hadn’t tested positive for the drug. She completed substance abuse treatment. She got a job part-time at a hotel and was living in a one-bedroom apartment with her husband (not the father of the twins) and the babies. Her husband was also on probation for DUI.

Mother noted she had exercised her visitation with her daughter, which included nights and weekend visits every weekend or every other weekend.

Still, the girl’s grandmother and great-aunt did not agree with the mother’s assertion that it was in the girl’s best interest to be back in her custody. They believed the girl should stay with them.

Trial court denied mother’s petition, and appeals court affirmed. Ultimately, the courts found the third parties in this case proved the child’s best interests were substantially and significantly served by placement with them.

Indiana Family Law Attorney Burton A. Padove handles divorce and child custody matters throughout northern Indiana, including Gary and Hammond.

Additional Resources:

Nelson v. Nelson, Sept. 24, 2015, Indiana Court of Appeals

More Blog Entries:

Carie v. Carie – Division of Property and the “Marital Pot” in Indiana Divorce, Sept. 20, 2015, Hammond Child Custody Lawyer

In re: The visitation of L.- A.D.W., the state high court ruled visitation in this case was appropriate, even if it went against the father’s wishes to more strictly control such interactions. The court considered the best interests of the child in reaching its conclusion.

Although grandparents in Indiana face significant hurdles in obtaining visitation if it is against the express wishes of the parents, a strong argument can often be made where the bond is especially strong and/or when one of the parents has died.

more In this case, the child from the time she was born had a close relationship with her maternal grandparents. In fact, the grandparents lived with her when she was first born. Even after they returned to their own home, they remained a part of the child’s daily life.

When her mother was diagnosed with Stage IV cancer, her grandparents moved back into the home to help care for the mother. Mother battled cancer for three years. In the midst of all this, her husband – child’s father – filed for divorce. Mother passed away before the dissolution was final. The girl was just 8-years-old.

Mother expressed in her will that she wished for her parents – the girl’s grandparents – to have visitation rights. During the divorce, the relationship between the grandparents and the father had grown contentious. They worried the father would cut them off from all contact with the child, and sought a court order to allow regular grandparent visitations.

Meanwhile, father wanted to control any visitation schedule.

Two mental health experts testified before the court that it was in the child’s best interest to maintain a regular, ongoing relationship with her parents.

Based on this and considering the totality of the circumstances, trial court ordered grandparent visitation. The schedule would allow for full-time transition to her father’s custody (remember: The girl had been living with her grandparents and mother at the time of her mother’s death).

Father appealed. He argued trial court failed to give proper weight to his decisions regarding his daughter’s upbringing or to apply the presumption that, as a fit parent, he was acting in her best interest. He also argued that the amount of visitation awarded was inherently unfair.

Appeals court affirmed on the issue of visitation, but reversed and remanded on the question of how much visitation was appropriate. The court ruled the amount of visitation awarded was excessive in light of the “occasional, temporary” amount permitted under the Grandparent Visitation Act.

However, the state supreme court in its review noted that there was no standard established in the act for determining the amount of appropriate visitation. Further, trial court did not abuse discretion in determining the set amount of time in this case – which the supreme court found was not excessive. Rather, it was in the child’s best interests, and therefore, the entire trial court order was affirmed in its entirety.

Indiana Family Law Attorney Burton A. Padove handles divorce and child custody matters throughout northern Indiana, including Gary and Hammond.

Additional Resources: In re: The Visitation of L-A.D.W., R.W. v. M.D. and W.D., July 30, 2015, Indiana Supreme Court

More Blog Entries: In re: Marriage of Honer – Valuation of Marital Assets, June 18, 2015, Indiana Family Law Attorney Blog

This is especially true when the adoption is in any way disputed or when the adoptive parent or parents have any kind of background (criminal, immoral, etc.) that could give the court pause.

A recent example of possible complications that can arise, even in intrafamily adoptions, was that of In re the adoption of I.B. and W.B. and B.B. v. B.C. & J.L. et al., out of Jasper County. The Indiana Court of Appeals ultimately affirmed the adoption placement of three siblings with their maternal grandmother and her fiance of 13 years. However, it was not without significant legal wrangling. more Our Gary adoption attorneys recognize that intrafamily adoption is one way for relatives to ensure family ties are not completely severed, even if biological parents are deceased or unable to serve as adequate providers to the child or children.

In some ways, these cases are easier because courts may be more apt to grant permanent placement to individuals with whom children already have a bond – so long as the new caregivers can provide a loving and stable environment for the children.

Still, sometimes these situations can give rise to a greater degree of hostility and conflict. Old wounds may be dredged up, and it’s important to have an experienced lawyer to help carefully guide you through the process.

In this case, according to court records, mother and father had two young children together, plus mother had two older children from a different relationship.

When the youngest was born in the spring of 2011, he was born with numerous health problems related to premature birth caused by his mother’s drug use. The Department of Child Services became involved, and found the second-youngest to be malnourished. The other younger child suffered post-traumatic stress disorder, reportedly from being witness to repeated domestic violence episodes between mother and father. Both were methamphetamine users, and father had been caught in a revolving door of prison.

All four children were removed, initially in different foster homes, but later were all placed at the home of maternal grandmother. At one point, grandmother tested positive for marijuana and children were removed. However, she and her fiance adhered to the extensive requirements set by child services to return the children. They submitted to random drug tests – passing them all. They received extensive training to learn how to care for the baby’s special medical needs.

Since that time, the children reportedly thrived in their care.

When child services moved to terminate biological parents’ parental rights, maternal grandparents filed a petition to adopt all four children.

After parental rights were terminated, child services personnel testified the children were doing well, and stressed the importance of keeping them all together. They also attested to the fact that both maternal grandmother and fiance maintained regular therapy and service appointments for the boys (including the rigorous health needs of the baby), and providers indicated children were doing better than initially expected.

However, there was also evidence submitted regarding grandmother’s conviction for felony neglect back in 1997. At the time, she left her daughter (children’s mother) alone with her father, despite having knowledge the man sexually molested the girl. She ultimately received a suspended prison sentence, and was ordered to attend family counseling. She successfully completed probation and divorced her husband, the perpetrator.

The victim in that case (biological mother in the adoption case) did not object to her mother retaining custody of the boys.

Court granted the order of adoption.

Still, it wasn’t over yet. The children’s paternal grandparents appealed the order, alleging maternal grandmother was statutorily barred from adopting the children (because of the prior felony conviction), evidence did not support the placement and paternal grandparents were denied full consideration in the placement investigation.

Appellate court affirmed, finding the trial court had used proper discretion in weighing the facts of the place and determining adoption.

Indiana Family Law Attorney Burton A. Padove handles divorce and child custody matters throughout northern Indiana, including Gary and Hammond.

Additional Resources: In re the adoption of I.B. and W.B. and B.B. v. B.C. & J.L. et al., Oct. 28, 2014, Indiana Court of Appeals More Blog Entries: In re J.T. – Grandparent Visitation in Indiana a Long Shot, Sept. 18, 2014, Gary Adoption Lawyer Blog

Adult guardianship in Indiana, similar to child guardianship, is a legal process whereby the court determines that a person lacks the capacity or ability to communicate decisions for themselves. While this can involve older adults with incapacity rooted in certain forms of dementia, such as Alzheimer’s disease, it could also involve a person over 18 with developmental disabilities or an adult who has suffered a traumatic brain injury.

The process involves first speaking with a qualified attorney who can relay your options. From there, your lawyer can help you obtain a physician’s statement, which describes the person’s diagnoses and functional limitations. Then, your attorney will file a petition on your behalf in court. A notice will be sent to that individual and any others who may require notification under law. The court will likely hire a guardian ad litem, who will act as an advocate for the incapacitated person during the proceedings. The court will then hold a hearing and make a determination based on the merits of the claim. more Once guardianship is awarded, he or she can act on the other person’s behalf in all matters of their well-being, including their finances, health care and living arrangements.

Often, this process is undisputed and relatively straightforward. However, there are some situations in which disputes arise. The case of In re J.A.L., before the Montana Supreme Court, is one such example. Although this is an out-of-state case and state laws on guardianship vary, the same general legal principles apply.

Here, according to court records, a husband appealed the guardianship/conservatorship of his wife awarded to her brother and sister-in-law. According to court records, the husband and wife, who suffered physical mobility problems from multiple sclerosis and some cognitive impairments, had been married 50 years. The pair lived together until 2011, and the husband provided care for his wife during that time. Both expressed wishes to remain in their home together.

However, her daily needs eventually became more than the husband could handle, and she was placed in an assisted-living facility. She was later discharged because of her husband’s aggressive behavior with medical staffers. After this occurred more than once, he suffered and emotional breakdown and was admitted to a state hospital for a time. He was given psychiatric medications, but stopped taking them after his discharge.

In the meantime, the woman’s son and daughter sought and obtained appointments to serve as co-guardians and conservators. She was placed in a different assisted-living facility. She initially appeared happy, but her family said after several visits from her husband, she began acting out against staffers and was discharged.

Discord in the family continued, with the husband reportedly interfering with his wife’s communications with both her children and her guardian ad litem. At an emergency hearing, the court removed the children as guardians, and instead appointed the woman’s brother and sister-in-law. She was then re-admitted to the facility, with the condition she would have no contact with her husband. Since then, her family says, she has been doing well at the facility.

From there, her husband filed two petitions to secure guardianship of his wife. A total of six hearings were held. The district court ultimately held the brother and sister-in-law would serve as permanent co-guardians and conservators, and they were authorized to limit contact between husband and wife.

The husband appealed.

The state supreme court noted that usually, determination of guardianship of an incapacitated adult follows a certain hierarchy. First, the spouse is considered, followed by the person’s adult children or children and then by a relative who has shown a sincere, long-standing interest in the person’s well-being. Of course, the priorities aren’t legally binding, and more or less serve as a guide to the court.

The state high court ruled the district court was justified in finding that the husband’s history of “inappropriate behavior” in caring for his wife, refusing to obey court orders and dealing with those in charge of her care gave ample reason to deny him appointment as his wife’s guardian.

While courts are not eager to grant guardians the right to restrict a ward’s marital relationship, the incapacitated adult’s best interests are the first consideration. Here, there was ample evidence indicating the wife was thriving in her current setting, absent the husband’s involvement.

Indiana Family Law Attorney Burton A. Padove handles divorce and child custody matters throughout northern Indiana, including Gary and Hammond.

Additional Resources: In re J.A.L., July 23, 2014, Montana Supreme Court More Blog Entries: Frackman v. Enzor – Evidence of Substance Abuse, Mental Illness, a Material Change in Circumstance for Child Custody Case, July 21, 2014, Indiana Family Law Attorney Blog

Gary family law attorneys recognize that these are some of the most wrenching cases, and the courts will decide them on the basis of what is in the best interest for the child.

A termination of parental rights ends the legal parent-child relationship. Once this is formalized, the child is available to become legally placed for adoption and is potentially eligible for certain state-provided benefits. more A parent with sole legal custody may move for termination of the other parent’s parental rights in the interest of having the child adopted by his or her new spouse, particularly when the other biological parent has abused or abandoned the child or is incarcerated long-term.

The most common statutory grounds for determination of unfitness for purposes of involuntary termination of parental rights include:

• Severe or chronic abuse or neglect;
• Sexual abuse;
• Neglect or abuse of other children in the household;
• Abandonment of the child;
• Long-term mental illness or alcohol or drug dependency;
• Failure to support or maintain contact with the child.

However, these are not matters that the court takes lightly. The court requires a clear and convincing standard of proof that indicates the child’s emotional and/or physical development is threatened by the respondent parent’s custody. The burden of proof rests with the Department of Child Services (or the party bringing the action). Parents facing these procedures are entitled to due process per the Indiana Rules of Trial Procedure.

This is what the Indiana Supreme Court says did not happen in the recent cases of In re Involuntary Termination of Parent-Child Relationship of S.B. and In re Involuntary Termination of Parent-Child Relationship of I.P., which is why both matters have been referred back to the lower court.

In both cases, DCS filed petitions to involuntary terminate parental rights. Both were presided over by the same magistrate who, at the conclusion of the termination hearings, resigned her position prior to reporting recommended factual findings and conclusions to the judge. The cases were then transferred to a different magistrate, who reviewed the hearing records and recommended findings and conclusions – without holding separate evidentiary hearings. The parental rights were terminated by the judge based on the second magistrate’s recommendation. While the appellate court affirmed, the state supreme court reversed, finding that a case can’t be decided by a successor judge who failed to hear the evidence directly in the first place.

This doesn’t mean the parents will be allowed to retain custody rights, only that they will have the opportunity to have their cases reheard.

Even in cases where parental rights have been involuntarily terminated, parents do have the right to appeal this judgment under IC 31-32-15-1.While pending appeal won’t necessarily halt adoption proceedings, if the adoption is finalized and the termination is later reversed on appeal, the adoption decree could also likely be reversed.

These are complex cases that require legal counsel from a lawyer who is both experienced and compassionate. We can help.

Indiana Family Law Attorney Burton A. Padove handles divorce and child custody matters throughout northern Indiana, including Gary and Hammond.

Additional Resources: In re Involuntary Termination of Parent-Child Relationship of S.B., March 26, 2014, Indiana Supreme Court In re Involuntary Termination of Parent-Child Relationship of I.P., March 26, 2014, Indiana Supreme Court More Blog Entries: Hammond Child Support Claims When Parent is “Voluntarily Underemployed”, Jan. 30, 2014, Gary Family Law Attorney Blog

What is perhaps most concerning for an older couple enduring a divorce is what it’s going to mean for your retirement. You may have gone years planning for time of travel and relaxation with your spouse, only to find yourself divorcing and completely unprepared.

Sadly, it’s not just Indiana where this is happening. In fact, recent figures released by the U.S. Census Bureau indicate that in the last two decades, the divorce rate among individuals aged 48 to 66 has soared more than 50 percent. We’re going to continue to see these numbers rise as Baby Boomers get older.

As any financial planner will tell you, divorce can impact your retirement account, your pension access and Social Security. However, you shouldn’t let this discourage you from seeking a fresh start. Divorce in older age can seem daunting. However, with the help of an experienced Lake County family law attorney, the details are not impossible to work out. There is no reason you should suffer through what could be decades of an unhappy relationship when you have the right to peacefully enjoy the rest of your days.

Here are some basic steps you can consider taking to protect yourself in the event of an Indiana divorce:

Set up your own credit line and close any joint accounts. Once a divorce is final, you won’t be able to rely on your spouse anymore, so it will be very important to develop your own credit history. If you don’t have one, this is one of the first steps you should take. This is going to be the means through which you’ll be able to buy or rent a new residence or get a loan.

Know the details of the debt you share with your spouse. Check your credit report. Even if your spouse was the one who ran up the high debts, you could still be held at least partially responsible, so it’s a good idea to at least know where you stand. There are ways that a good attorney can help negotiate for you so you aren’t stuck paying for frivolous expenses that your spouse racked up, or ensure that your spouse will be responsible for debt you accrued while paying bills or caring for your children.

Reconsider before using your retirement funds to pay for divorce expenses. Investing in a good attorney is important, but you may want to consider other ways to do that instead of taking it out of your retirement fund. You aren’t likely to get that money back, and if you take it out in a lump sum, you’ll likely have to pay heavy penalties and taxes on it.

Get all of your retirement and financial documents together before you meet with an attorney. This means your tax returns, bank account statements, investment documents, IRA’s – everything. This will help your Indiana divorce attorney determine where you stand, and help us figure out your best options. more Lake County Divorce Attorney Burton A. Padove offers free and confidential appointments on family law matters throughout Northwest Indiana, including Munster, Lansing, Porter and Crown Point. Call 219-836-2200.

Additional Resources: As more couples split, advisers face minefields, By Jessica Toonkel, Reuters

More Blog Entries: Indiana Divorces and the Kid’s College Fund: A look at a S.C. Supreme Court Decision, March 10, 2012, Indiana Divorce Attorney Blog

But often, soon-to-be divorcees don’t consider the financial implications beyond those basic terms. A recent article on Nasdaq.com looks at how divorcees can expect to build their credit after a divorce. When people are tied together financially, they may not realize how some joint decisions have affected their standing with creditors.This is especially true today, as many Americans have seen their credit scores fall significantly as they deal with foreclosures and short sales after their houses have depreciated in value. If a couple has lost their house to an Indiana foreclosure, it’s possible that their Indiana divorce is going to feel the effects.

The job of an Indiana divorce lawyer is to do what is in the best interests of the client under the laws of the state. Division of assets and child custody or child support issues are going to be big in the eyes of the divorcees.

But a lawyer should also be thinking about the things not considered by the client. That often includes tax implications of getting divorced, how their debts will be paid off and who will be responsible for certain costs incurred by both parties.

The article offers some tips for divorcees about how to improve their credit scores after they complete a divorce. A joint credit score may get them by in life, but once they split, they can be exposed for having poor credit and that can leave them helpless if they don’t have a good credit score and can’t obtain loans.

Pull the credit score: The first step is to see where the divorcee stands. Scouting the files for late payments or collection accounts can help point out red flag issues that will hurt the person’s chances of getting credit in your own name.

About 70 percent of Americans don’t do an annual credit check, which they can do for free under federal law. This often leads to people bringing financial baggage into a marriage and they can leave the marriage with that same baggage when they try to go out on their own.

Fix any credit report mistakes: This is critical because if there is inaccurate information, it can make moving forward that much more difficult. Creditors and banks can misreport data and only you can correct it. Even if a divorce agreement states who should pay off which joint debts, if they don’t, it can hit your credit score.

Nix the joint credit obligations: A divorce is about splitting and cutting off financial ties. The last thing you want to do is hold any joint accounts anymore. As mentioned above, the other spouse could continue using a credit card account in both people’s names and if they make late payments, it can affect your score, too.

Open a secured credit card: Secured credit cards can help people with poor scores build their credit. Secured cards require people to deposit an amount into the account, which creates your spending limit. This gives the creditors some assurances that you will pay.

Pay all your debts on time: The last thing you want to do is start getting behind on payments right out of the gate. Thirty five percent of your FICO score is based on your payment track record. So, missing payments can sink you in a hurry. Pay on time and you can start to get your credit fixed. more Highland Divorce Attorney Burton A. Padove offers free and confidential appointments on family law matters throughout Northwest Indiana, including Munster, Lansing, Porter and Crown Point. Call 219-836-2200.

More Blog Entries:

Financial Hit of an Indiana Divorce May Be Tougher for Stay-At-Home Moms: November 21, 2011 Financial Problems a Divorce Risk in Indiana — Legal Help Minimizes Risks: October 31, 2011

Fox News recently reported that nearly 24,000 divorces are granted each year in Arizona and many of them are initiated in the first month of the year.Divorce in Indiana can be painful during any month of the year. As humans, we are emotional and separating from a person can be a difficult experience. This sometimes is enhanced when the split comes right after the holidays.

Yet, sometimes this is done by design. Many couples know that their marriage is rocky and they are unlikely to continue it, despite their best efforts. If counseling and other tactics don’t work, it’s possible that they will try to make the holidays as “normal” as possible for the benefit of their children or family members before announcing their decision. This helps to keep the routine somewhat intact and keeps people from associating bad feelings with family gatherings in December.

Some lawyers surveyed for the article said they tend to receive twice as many divorce cases in January than in any other month. In most cases, the couples are planning the split for months in advance.

One man interviewed said he was heading to the courthouse to get divorced that afternoon. He said the divorce was in the works for a while, but finances prevented him from filing sooner. He said that people have to finish their taxes and realize what type of refund they may get before filing a divorce.

Finances, especially in recent years, have played a big role in when and whether people can get divorced. Many couples have decided to stay together more out of necessity than love. Splitting bills and daily costs is a lot easier than trying to do it alone.

Also, for those who have lost their jobs and may be having trouble paying bills, the hit to a person’s credit score can lead to difficulty qualifying to rent an apartment or house. That’s another reason people tend to stay together longer.

If a couple owns a house together, it is now seen more as a liability than an asset. For couples who are about to get divorced, this can also factor into why they are waiting. If housing prices are rebounding sooner than expected in their neighborhood, that may be a reason why they are now considering a divorce.

Whatever the reason and whatever the season, an Indiana divorce can be tough. But it doesn’t have to be. An experienced Indiana divorce lawyer can take a lot of the stress and pressure off the client by simply doing his or her job. Avoiding contentious litigation or lengthy meetings where couples bicker and fight is only going to make matters worse. Strongly communicating the situation and working for an amicable resolution without massive interference from the court is always the best bet for each side. more Highland Divorce Attorney Burton A. Padove offers free and confidential appointments on family law matters throughout Northwest Indiana, including Munster, Lansing, Porter and Crown Point. Call 219-836-2200.

More Blog Entries:

How Do You Stay Sane in A Tough Indiana Divorce?: December 31, 2011

A Lake County divorce can take a toll, not only financially, but emotionally as well. It can create a big change in life circumstances and requires adapting to a new way of living.An experienced Gary divorce lawyer must be consulted to seek the best outcome possible. Whether fighting over alimony or child support payments, child custody, division of assets and debts or preparing financially (including consideration of tax issues and debt after a divorce), a lawyer will be able to assist you.

Among the most high-profile marriages and divorces in recent years was that of reality TV star Kim Kardashian and NBA player Kris Humphries. The couple spent millions on their wedding and agreed to a contract to do a television special about the event, only to split 72 days later.

It hasn’t been made public what led to the split, but the two millionaires had a prenuptial agreement in place. It’s unclear if either took away assets from the divorce.

News reports alleged that actor Ashton Kutcher was spotted out on the town with a young fling despite being married to actress Demi Moore for six years. Despite Kutcher’s efforts to save the marriage, the New York Daily News reports, Moore wanted a divorce.

The newspaper reports that Kutcher, 33, bought his 49-year-old wife a $100,000 car as a way of trying to save their marriage. Tabloid reports state that Moore knew of her husband’s alleged affairs as they were ongoing.

Kentucky Agriculture Commissioner Richie Farmer’s divorce has also gotten media attention, as it has been reported that he and his wife of 13 years are attempting to go to mediation to settle a lawsuit so they don’t have to proceed to a trial.

The Lexington Herald-Leader is reporting that Farmer and his wife, who filed for divorce in April, will again attempt to have a mediation hearing in order to try to work out their differences. A trial date had been set for December, but the two agreed to a delay of the trial while they attempt to get together and reach an agreement.

Mediation is held when the two sides of a divorce are unable to amicably agree to the separation of assets, child custody matters and other issues. This is handled differently on a state-by-state and county-by-county basis.

In some situations, couples are forced to go to mediation in order to try to avoid going to trial and taking up the time and resources that can require. When the dollar amounts, investments, properties and other assets are very high, this can be more complex. But divorces where few assets are on the line can be equally time consuming because of what those assets represent in a relationship.

Each case is unique. An experienced Indiana divorce lawyer will take your needs into consideration and prepare your case individually. There is no cookie-cutter approach to a divorce because every case is different.

Don’t attempt to do this alone. There are many long-term legal implications from a divorce and all should be taken into consideration. more Highland Divorce Attorney Burton A. Padove offers free and confidential appointments on family law matters throughout Northwest Indiana, including Munster, Lansing, Porter and Crown Point. Call 219-836-2200.

More Blog Entries:

Financial Problems a Divorce Risk in Indiana — Legal Help Minimizes Risks: October 31, 2011 Additional Resources:

Richie Farmer’s divorce trial postponed as couple tries mediation again, by Beth Musgrave, Lexington Herald-Leader Kris Humphries: ‘This has been a difficult time in my life’ after Kim Kardashian split, by Kathryn Kattalia, New York Daily News Demi and Ashton Divorce: What’s Next for the Lovelorn Couple? by Katie Kindelan, ABC News

Munster divorce lawyers can help minimize those risks. We can assist clients with avoiding common pitfalls. And we can fight to ensure that an Indiana divorce settlement — including property division, child support and alimony — is in a client’s best interest.Often both parties to a divorce underestimate the financial impact of reducing household income by 50 percent while doubling expenses, including the expense of running two residences.

An experienced Indiana family law attorney will understand the challenges and can often assist with solutions. An experienced divorce lawyer is money well spent and can be vital when it comes to ensuring a fair and equitable separation. Parties who treat legal fees as an expense to be minimized may find themselves far worse off than had they invested in capable legal counsel.

Reuters reports a new study by the University of Virginia’s National Marriage Project found that divorce rates are again on the rise as the economy recovers. Rates had fallen as much as 57 percent in 2009 in response to the economic downturn as couples stayed together to weather the financial storm.

Meanwhile, divorce settlements have become much more complex since 2008 — largely due to couples dealing with bad real estate debt. In many cases, relocation has also impacted child custody cases.

“Three of the top five causes for divorce are often financial: job loss, housing problems and credit card debt,” says Chris Bixby, a senior financial planner and vice president with Key Private Bank. Credit card debt is often a risk divorcing women fall prey to, according to the experts.

Nine out of 10 women will become responsible for their own finances at some point — typically due to death or divorce. Far too many are not prepared with the financial knowledge that can help protect their future. In some cases, they may fall prey to outright scams. In other cases, financial illiteracy may otherwise threaten their future financial well-being.

Seeking the advice of a Munster family law attorney with extensive experience in financial planning can help protect your rights, your future and your family. Without proper planning, a spouse can be left without the resources necessary to build a brighter future. And that’s something all the financial planning in the world may not correct.

Historically, a house has been a couple’s biggest asset. Not so since the collapse of the real estate market. Whether the marital home is an asset or liability depends on many factors, including the property’s current market value. Retirement funds are another critical piece of any divorce settlement. more Highland Divorce Attorney Burton A. Padove offers free and confidential appointments on family law matters throughout Northwest Indiana, including Munster, Lansing, Porter and Crown Point. Call 219-836-2200.

Additional Resources:

Divorce Stress Meets Recession Mess, and Women Struggle, By Lou Carlozo, Reuters.

Alimony in Indiana can be a critical component of any divorce settlement. Together with child support and property division, alimony can determine the future quality of life for both parties for years to come. One of the impacts of the recession is a renewed effort to limit alimony payments, particularly once a spouse reaches the age of retirement.William Quigley, who describes himself as venture capitalist, views the perceived inequity from a largely male perspective. A mother and wife may well have raised children while forgoing a career or advanced degree. She may have worked while the husband earned an advanced degree with more earning power. Make no mistake about it: Divorce is a major destroyer of wealth and one of the primary risks for poverty — particularly among older women.

Alimony can be a lifeline. Typically awarded for up to half the length of marriages lasting less than 10 years, alimony may be awarded indefinitely upon the termination of long-term marriages. For a former husband, unreasonable alimony can have a dramatically negative impact on his future quality of life. As in any divorce, an experienced Munster divorce lawyer must be called in to deal with the specific issues that come up in spousal splits, including alimony.

Quigley’s perspective aside, he goes on to suggest a marriage disclosure statement that sheds light on the legal burden each spouse inherits when tying the knot:

-You are entering into a legally binding contract.

-You are agreeing to assume debts acquired by your spouse during the marriage.

-You may be required to pay money to your spouse in the form of alimony in the event of divorce.

-You may face garnishment of wages or other state enforcement action to collect monies owed.

-Spousal support may be ordered for life, even if your spouse chooses divorce. Such payment could exceed 50 percent of your income and could increase if you remarry.

-Legal obligations of spousal support are not negated by spousal conduct, including infidelity.

Certainly, a premarital agreement may address some of these issues. And the letter of the law does not take into consideration how an experienced Northwest Indiana divorce attorney can improve your legal standing. But this look at the obligations you assume as part of a marriage should at least provide pause for those who are facing divorce without an experienced legal advocate at their side.

Make no mistake about it: Futures are routinely decided via property division and child support and alimony awards. Knowing the advantages, disadvantages and tax implications of each is vital to understanding what’s in the best interest of your client. more Highland Divorce Attorney Burton A. Padove offers free and confidential appointments on family law matters throughout Northwest Indiana, including Munster, Lansing, Porter and Crown Point. Call 219-836-2200.

Additional Resources: A Modest Proposal: Why Can’t Couples Have a Proxy Statement for Their “Merger and Acquisition?” By William Quigley, Huffington Post.

Sec. 12.1. (a) A person is a constructive trustee of any property that is acquired by the person or that the person is otherwise entitled to receive as a result of an individual’s death, including property from a trust, if that person has been found guilty, or guilty but mentally ill, of murder, causing suicide, or voluntary manslaughter, because of the individual’s death. A judgment of conviction is conclusive in a subsequent civil action to have the person declared a constructive trustee.

(b) A civil action may be initiated to have a person declared a constructive trustee of property that is acquired by the person, or that the person is otherwise entitled to receive, including property from a trust, as a result of an individual’s death, if:

(1) the person has been charged with murder, causing suicide, or voluntary manslaughter, because of the individual’s death; and (2) the person has been found not responsible by reason of insanity at the time of the crime.

If a civil action is initiated under this subsection, the court shall declare that the person is a constructive trustee of the property if by a preponderance of the evidence it is determined that the person killed or caused the suicide of the individual.

(c) If a constructive trust is established under this section, the property that is subject to the trust may be used only to benefit those persons, other than the constructive trustee, legally entitled to the property, determined as if the constructive trustee had died immediately before the decedent. However, if any property that the constructive trustee acquired as a result of the decedent’s death has been sold to an innocent purchaser for value who acted in good faith, that property is no longer subject to the constructive trust, but the property received from the purchaser under the transaction becomes subject to the constructive trust.

I am posting this statute and notice on my blog so as to make it more difficult for there to be a claim that someone did not have notice of the trust and claim and that they are an innocent purchaser for value who acted in good faith. If anyone knows of the transfer of any assets by or on behalf of Frederick C. Cashner, Jr. that have taken place since Easter Sunday, please contact attorney Burton A. Padove at Padove Law. (219) 836 2200.

Recently, circumstances changed for an Indiana woman who was originally ordered to be primary custodian of her two children. This woman decided it would be in the best interest of her family to relocate over 30 miles closer to her job location. This decision brought up a contention in the law. Under Indiana law, children have a right to a stable home and the relocation stirred up concerns about the extent of stability due to relocation.

It is true that stability in the child’s environments, such as, the same school, same friends and social activities, offer stability. Of course, the availability of the parent to be home with children is important for stability as well. So, Indiana courts need to evaluate several factors when it comes to modification of custody rights.

Indiana courts are sensitive to all family members’ needs, particularly when revaluating custody arrangements. So, the Indiana court suggested more time should be allotted to allow for the discovery of information that provides evidence to support pros and cons of this legal case.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

If gay couples are not able to be married, they are not able necessarily able to receive the same legal rights as married couples in some very possible legal situations should the relationship maintain longevity. For example, if a gay couple has spent twenty years together with little contact from other family members on either side, the gay couple is more likely to know the wishes of their partner for illness, life and life threatening situations. However, the partner will not be able to speak on a behalf of a partner in life threatening situations when healthcare decisions must be made, according to lack of cohabitation laws. Depending upon the relationship that the healthy partner has with legally responsible family members, the healthy partner may or may not be able to even receive information about the medical condition of the partner, let alone make a healthcare decision for the partner.

This premise also holds true for domestic cohabitants that are heterosexual. The only form of documentation that would be legally binding in this case is a living will and advanced healthcare directive that specifically states who should be contacted to make healthcare decisions for an ill partner if the ill partner is unable to make such decisions.

This is only one example of the potential legal issues that may arise should gay marriage be banned. This is an ongoing legal issue for heterosexual co-habitants.

If you, your family or a friend need to protect their family law legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

In 2009, the father was arrested in California and extradited to Indiana. He was then placed in prison and attempted to represent himself as his own legal counsel. He experienced emotional issues during imprisonment which prompted the court to appoint a guardian ad litem to represent his interests. During an illness that the father suffered while in prison, the court held its final hearing about the case. The court decided to remove his second count for Class C felony nonsupport, but gave him a five-year sentence for the first count.

This is one serious example that indicates parents must pay child support. The risks associated with unpaid child support often become a reality for parents who do not pay child support. Indiana court systems may seem to work slowly, but eventually their work does catch up to people who do not abide by Indiana child support laws.

There are times that you can engage the courts to ask for assistance through difficult times, such as, financial hardship. In some cases, the courts will assist. Yet, every item relating to court situations must be seriously considered and addressed as the situation arises.

If you, your family or a friend have suffered serious harm and need assistance in asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

• Knowing each other’s income throughout the term of cohabitation helps to define roles and sets up reasonable expectations should the living arrangement fail.
• Knowing the anniversary of the move in date can be a time of celebration. It’s also worthy to note should the parties decide to end cohabitation. The ending date of cohabitation can be equally important.
• Expense tracking, considering which parties make contributions, is important during the time that unmarried couples live together. This includes knowing bank account information, such as transactions taking place in joint accounts. Debt is important to calculate on an ongoing basis. Loans and who took out the loan are important to document while living together. Debts paid for by each party should be documented as well. This information is important should cohabitation be compromised.

• Tangible and intangible personal property that has been acquired during cohabitation is important to document. Real property acquisitions are also important.
• The average yearly income of each party should be disclosed to one another during time periods of living together. Other sources of income, if applicable, should also be documented. This includes listing each place of employment while living together.
• Listing monthly bills, including who paid what and the amount that was paid is important to track for unmarried partners who live together.
• Providing for the custody and finances for children o the cohabitation.

If you or a loved one is in nerd of a lawyer, contact Burton Padove for a free consultation at 219-836-2200.

• There are no laws regarding the age or gender for cohabitation.
• Ending cohabitation does not require legal documentation.
• On average, ending cohabitation is as emotionally difficult as ending a marriage.
• When cohabitation ends, ex-partners may divide property without legal representation, but there may be disagreements about the distribution of property. The law does not provide for cohabitation disagreements.
• There is no obligation for ex-cohabitants to financially support each other.
• Cohabitants do not have the right to make health care and financial decisions about their partners unless there is a power of attorney in place that provides for such a designation.
• When a cohabitant dies, his or her family members will inherit the deceased person’s property and all other assets unless the surviving partner is listed in a will that the deceased person has created.
• Cohabitants do not have claim to property unless it is documented that the property is jointly owned.
• The father of a child born to unmarried cohabitants must establish paternity through a legal action.
• Men are not subject to an immediate obligation to financially support children of cohabitants, but must do so if paternity has been established.
• If paternity has been established for children of cohabitants, the non custodial parent must meet the same legal obligations to support his or her children as divorced parents.

Significant others in Indiana who share living quarters and daily lives together should take precautions to prevent themselves from harm. You never know when a situation may arise in which legal documentation can be valuable. It is wise for all couples to be interested in obtaining appropriate legal documentation when cohabiting.

If you or a loved one is in nerd of a lawyer, contact Burton Padove for a free consultation at 219-836-2200.

• 1. Divorce lawyers do not simply print out generic forms for you to sign when completing a divorce. Each document used in the divorce process is prepared after careful evaluation of all considerations.
  2. Since divorce lawyers do not provide standardized forms, you need not worry about disclaimers, such as found on online legal document forms.
  3. Divorce lawyers are at your service to uncover loopholes that you may not be aware of when you are presented with your spouse’s proposal.
  4. Divorce lawyers can assure that the documentation that they prepare is accurate and correct.
  5. Divorce lawyers provide unbiased opinions about concerns that are presented to the lawyer by opposing spouses.
  6. Divorce lawyers manage all aspects of the divorce including: options, decisions, preparation of documents and submission to court.
  7. Without a divorce lawyer, separated spouses who plan on divorce leave themselves open to exposure for losses that they may not expect or be prepared for.
  8. Divorce lawyers can act as a liaison to smooth out frustrations and disagreements.
  9. Planning is important when it comes to divorce. So, it’s wise to seek out a divorce lawyer early on to learn about the ways you can best plan for your future.
  10. It important to involve a divorce attorney in the planning process in order to avoid costly errors.

If you or a loved one is in need of a lawyer, contact Burton Padove for a free consultation at 219-836-2200.

1. Select dates and times for children’s interaction with each parent.
2. Consider times and dates for interaction between both parents and children. Showing a united front is important in child rearing.
3. In advance, plan a visitation calendar.
4. Discuss shared and individual responsibilities, such as homework, health, reward systems, curfews, social activities and holidays.
5. Follow through on plans with your children.
6. Allow for flexibility in each divorcee’s plans.
7. Demonstrate compassion for each other’s needs.
8. Be open to in-laws needs for interaction with your children.
9. Emotionally support your ex-spouse as much as reasonably possible.
10. Demonstrate that the lines of communication are open between parents for your children.

If you or a loved one is in need of a lawyer, contact Burton Padove for a free consultation at 219-836-2200.