But it was no laughing matter.

The case came about because, as The Daily Mail reported, the man was still legally married to that woman, his long-estranged wife. The pair had never formally divorced. In Iowa – just like in Indiana – a woman’s husband is the presumed father if:

• He and his wife were married when the child was born;
• The child is born no later than 300 days after the marriage ends.

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The father in that case spoke to the state agency, explained the situation and offered to take a paternity test. However, the state agency informed him it would not be so simple. His only option, she said, is to “de-establish” paternity. That means he’s got to hire and attorney and take the matter to court. And in the meantime, he’s going to be paying child support.

It may seem nonsensical, but the law was written to ensure that children would be protected. But of course, infidelity is a reality in many unions. And then of course, there are situations like this in which spouses are long-estranged.

This case makes a strong argument to avoid putting off divorce. Beyond this example, some reasons you may want to avoid a long-term separation:

• Lack of control over expenditure of marital assets;
• Ample opportunity to hide assets;
• Divorce settlement may ultimately be less if either of your financial circumstances change;
• Spouse could move out-of-state or out-of-country, complicating legal matters;
• Alimony laws in your state could change;
• If your spouse gets into trouble financially, you may be liable too.

And then, of course, there is the matter of future relationships and future children.

When it comes to paternity, there have been many Indiana child support cases in which men have been expected to pay for children who are biologically not their own because the law presumed they were the father.

Some examples of this include:

• Parents not married with no formal establishment of paternity, but father has been informally supporting child and holding child out as his or her own;
• Parents are married – or in the process of divorcing – but have not yet finalized that divorce;
• Parents are divorced and father is paying child support, but now has reason to believe the child is not biologically his own;
• Paternity has been established by means other than a formal DNA test and now father wants to challenge paternity with a formal test.

In the first scenario, the father generally won’t be ordered to pay unless a paternity test establishes he is the biological father. Otherwise, he wouldn’t be required to pay support unless he chose to do so.

In the other scenarios, the father may have to request a paternity test and after that, file a formal request to terminate the child support order and ask that the child not be considered a product of the marriage.

Keep in mind, though, courts generally will not overturn a finding of paternity after two years of being established, no matter what the circumstances.

If you have concerns about establishing paternity, de-establishing paternity or arranging for child support, contact our Gary, Indiana paternity attorneys.

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

Additional Resources:

Man protests law requiring him to pay child support for another man’s child, March 24, 2016, By Tribune Media Wire

More Blog Entries:

Betancourt v. Betancourt – Indiana Child Support Arrears Dispute, March 11, 2016, Gary Paternity Lawyer Blog

It’s not an uncommon scenario, as many entrepreneurs toil long hours building the company, and the marriage can suffer. It’s typical of younger couples to marry with no prenuptial agreement. What starts as a $50,000 venture can expand to a $10 million enterprise by the time the marriage dissolves – and by that time, the spouse has a stake in the business growth.

Of course, every scenario is different, but preservation of the business is a top priority for many owners. more

Our divorce lawyers in Gary know one of the best ways is to prepare for this possibility far in advance. Few people get married thinking it’s not going to last, but protecting the firm’s interests should be considered when legally formalizing a relationship.

Some preventative measures you can take include:

• Signing a prenuptial agreement. Business owners who had a company before they married should ensure the firm is designated as separate property.
• Securing a postnuptial agreement. This is a financial agreement signed after the wedding. While many judges look at postnupital agreements with a critical eye, they are usually binding. It can help to define the business as separate property, and it’s good to have one in place years before a divorce is initiated.
• Putting the business in a trust. If the entrepreneur no longer personally owns it, it can no longer be considered a marital asset. This also shields the value of the firm’s growth.
• Establishing a buy-sell agreement. This agreement will spell out what will happen should one of the owner’s status change (as would be the situation in a divorce). It will help to minimize the spouse’s right to acquire any ownership of the company, or it might give the other partners the right to purchase interest awarded to the ex-spouse at a preset, low price.

But what if it’s too late for all that? Again, it will depend on your individual situation, but there are some effective strategies that work well for a broad base of business owners. These include:

• Keep good records and make sure to separate the family finances from those of the business. The more entangled your personal assets are with your business assets, the tougher it’s going to be to argue the business isn’t a marital asset.
• Pay yourself well. Some business owners will pay themselves less in the short term thinking they will eventually sell the company and use those proceeds for retirement. But if your spouse then becomes entitled to a share of the company, they’ll get more because you didn’t take out as much annually.
• Remove your spouse from the business. If that means firing him or her, do so as early as possible, as this will weaken the claim that he or she helped build the company and should therefore be allowed to profit from its growth.
• Obtain a fair valuation. Using a court-appointed, neutral professional to determine the value of the company before you agree to anything.

If you have additional questions or concerns about divorce and the impact on your business, contact us today.

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

Additional Resources:

What to Know if You Own a Business and are Contemplating Divorce, Jan. 27, 2016, By Harvey Wallace, St. Louis BizTalk

More Blog Entries:

Divorcing Parents of Children With Disabilities Face Unique Challenges, Dec. 10, 2016, Gary Divorce Attorney Blog