Family attorney

Child Support Block With Bible And Mallet

What to do when spouse stops paying child support

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Financial support is a valid legal responsibility of non-custodial parents in a child custody case. Even in some situations of joint child custody, one parent can still be required to pay the other parent when there is a significant difference in earning power or personal assets. The court is very serious about keeping child support payments current because they are always first concerned with the welfare of children who are caught in the middle of a divided living situation. Whether the support order stems from a divorce agreement or is assigned in a paternity case, those with court orders will have problems if they discontinue payment. There are situations where child support can be reduced when earning power or asset level has diminished, but it is always best to inform the child support enforcement division when payments will not be met. Here are a few steps a custodial parent can take when child support payments stop without notification or adjustment from the court. 

Report to Child Support Enforcement

 The first step a recipient spouse can take is telling the child support collection agency that the other parent has failed to pay. This should be done when the first payment is missed, and then updates should be provided if necessary. The child support office will then contact the ordered non-custodial parent and request information regarding their failure to pay. The Indiana State Central Collection Unit could then summon the delinquent non-custodial parent to appear in court for an explanation to the judge, which is protocol in most instances where a parent fails to pay child support.

Request a Paycheck Withholding Order

 Paycheck withholding is not always assigned in a child support case. Many times non-custodial parents have steady employment and have shown no unwillingness to pay what the state determines. There can be disputes about payment amounts, but the court typically assesses the minimum amount based on the wages or assets of the non-custodial parent. The custodial parent can request the court to issue a paycheck withholding order when payment has not been consistent. The employer is required to calculate the amount at each paycheck period and submit the payment to the ISCCU. 

File a Lien

 Another alternative in serious cases of failure to pay child support is file a lien against any property that the non-custodial parent owns. Even property with a creditor lien can be subject to a second lien holder designation in some instances. This is relatively rare, but it is an option for some custodial parents who have difficulty receiving child support payments. While it may not be necessary to retain an attorney to accomplish this task, it is always best to have a family attorney like Yoder Jessup representing your interests when taking this step because there can be legal technicalities. 

Seize Assets

 The most drastic step for recovering unpaid child support funds is seizing the assets of the non-custodial parent. This will often result in a mediation process where the custodial parent’s divorce attorney submits the proof necessary to request a confiscation order from the court in favor of the custodial parent. Mediation is an alternate dispute resolution tool conducted in private with no information discussed being provided for public viewing. Non-paying parents can then decide whether they want to enter into a private contract agreement to pay the delinquent amount or forfeit the property in exchange for reducing child support obligations proportional to the property value. 

Contact Yoder Jessup Family Attorney Garrett Indiana

 Just as each family is unique, some child support cases can also have extenuating circumstances. Not only do custodial parents have a right to request child support payments, but either parent can request an obligation reevaluation when income or asset levels change. Many times there is a reason child support payments become delinquent, and the court is primarily concerned that both parents are fulfilling all orders. It is rarely a good decision to address this legal matter without solid representation from an Indiana legal professional like Yoder Jessup family attorney in Garrett Indiana. 

Child Custody: Visitation Rights 101

Child Custody: Visitation Rights 101

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Child visitation is a central aspect of all divorces where spouses have dependent children. Not only does each spouse have rights to a relationship with their child according to the Indiana parenting plan guidelines, but the children have legal rights as well to the same relationship development. The primary problem is that not all divorces are amicable when child visitation is being discussed in a divorce mediation proceeding or even when being implemented following the fact. It is essential for all parents to understand that they have significant legal standing when being denied ample opportunity to build a solid relationship with their offspring. This standing also includes paternity cases outside of legal marriage. Regardless of the material facts, it is always best to have an experienced and effective Garrett, Indiana, family attorney representing your case for the desired outcome. Each case will be unique in some fashion, and knowing how the law applies to a specific situation can be complicated. 

Immediate Visitation Rights

 Establishing visitation rights can be a complex process for some. When couples are divorcing, most divorces begin with a legal separation and then move on to the actual divorce process. Parents have a legal right to visitation with their biological child unless there are serious extenuating factors that can prohibit allowance. This is typically established even before a hearing in many instances, primarily by fathers who cannot access their kids immediately after the split. In addition, men who have paternity claims have legal rights as well, but enforcing this right will take going to court for an evidence evaluation by a family law judge. Once paternity can be proven, legal visitation and potential child custody issues can be discussed. Paternity cases can be detailed, and many times visitation may be monitored when the custodial parent contests the visitation. 

Joint Child Custody Rights

 Another right for parents is filing for joint custody. Joint custody is not always granted by the court when they step in as the advocate for dependent children, but either parent can request this possible arrangement. Joint custody is typically restricted to biological dependent children but can extend to non-biological children when continuing an established parental relationship is beneficial for the child. There are several factors the court will consider when reaching a decision on a joint custody request, but the allowance can be negotiated within the framework of a parenting plan in association with a mediation process. Indiana courts encourage divorcing parents or even estranged parents to negotiate a parenting plan for their children. A comprehensive Indiana family law attorney can help craft the arrangement for acceptance by the court. 

Right to Question How Your Child is Being Raised

 Parents of dependent children do not always agree regarding how a child is being raised. This can be a difficult topic to settle in court, but parents still have the right to a formal discussion of any problems either parent may have. Most custody orders are for custody and control instead of sole custody of the child, and certain factors such as lifestyle or religion could create problems as the child becomes of age. This is a decision that is also best addressed when worked out in mediation with an attorney for each side presenting the concerns of both the contesting parent and custodial parent. Having the right attorney can make a difference in these rare cases because the final ruling from the court can be unexpected, and often undesired. An experienced family attorney can provide advice on how the court may rule before going forward with the evaluation, and a compromise of some sort is often the best course of action. 

 Indiana parents should always remember that they do have significant rights as a parent, and so do their children when the court intervenes. And always remember that the nuances of the court can result in an unwanted situation regarding visitation with dependent children. It is best to retain a family law legal professional who has an established track record of results for their clients. 

Do’s and Don’ts of Child Custody Battles

Do’s and Don’ts of Child Custody Battles

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 While some couples are able to walk through the entire divorce process rather amicably, this process often evokes strong emotions for all involved. Through the dissolution of a marriage, assets and debts are divided, and the results could have long-term or even life-long ramifications on the couple and their children. The matter of child custody may be even more challenging for parents to deal with. Regardless of the circumstances you are facing today, you understandably need to do what it takes to ensure the best outcome for your children. While each case has unique nuances, all cases can be influenced by your actions throughout the case. 

Essential Steps in a Custody Battle

 Family law is complex, so hiring a family attorney to represent you and fight for your rights in and out of the courtroom is essential. However, simply hiring a top lawyer is not enough to ensure the most favorable outcome available under the established laws. What can you do to walk through the proceedings on solid ground?

Learn About Your Legal Rights

 Family law is complicated, so it is vital that you fully understand what your legal rights are. At the same time, you need to be aware of the many options available to you. Your lawyer in Garrett, Indiana will answer all of your questions and will help you to understand the scenarios available to you. 

Consider the Benefits of Arbitration

 A bitter custody battle fought in the courtroom can result in significant stress for the children and the parents. When a matter is taken to court, the resolution is decided by the court. If the couple is open to arbitration and negotiations, they may be able to set up an amicable solution on their own. Arbitration may be used to negotiate matters like child support, custody, parenting time and other factors. 

Actions to Avoid When Fighting for Custody

 While there are some steps that you can and should take to navigate through this legal issue more successfully, there are also actions that you should avoid. Some actions may lead to unnecessary stress, extended delays, and even an undesirable outcome. What should you avoid doing in a custody battle?

Go Against Court Orders

 The court may establish various temporary arrangements related to visitation, child custody, and other important factors. Your compliance with these temporary orders could impact the judge’s final ruling on the child custody case. In the event of a serious issue with temporary court orders, your attorney can guide you on the proper way to navigate through the nuances of the legal system. 

Overlook Your Lawyer’s Advice

 An experienced family attorney has considerable insight as well as exceptional legal strategies that can be used in your favor as you fight for custody, visitation, support, and more. Through your attorney’s vast experience, he or she may offer extensive legal advice until the matter is resolved. Rest assured that your attorney has your best interests in mind. All advice is based on the lawyer’s understanding of the law and the outcome you want to achieve. 

Get the Legal Representation You Need

 With so much at stake in a custody battle, the professional expertise of a seasoned lawyer can be crucial. Your divorce lawyer can fight for your interests throughout all aspects of the proceedings so that you and your children can enjoy the most favorable outcome possible under the law. If you have not already hired a lawyer, now is the time to do so. 

Child custody phrase and toy heart on house picture, kid holding mother hand

What is the Difference Between Shared Custody and Joint Custody

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When parents decide that they don’t want to be with one another any longer, they often have to choose what happens with their children. When both parents are willing to stay a part of their child’s life due to separation or divorce proceedings, joint custody and shared custody are two options that will be on the table. While they may sound somewhat similar, shared and joint custody has some differences you will both need to be aware of before deciding on the course of action you should take. It’s important to hire a family attorney in Garrett, Indiana, who will help you both decide what arrangement is the best for your specific situation. 

 Understanding Shared Custody

 When a shared custody arrangement takes place, both parents will share legal physical rights to the child or children in question. Each parent will have the same amount of time when it comes to having their child in their homes. A judge may help the family determine whether or not shared custody is best or not. In many cases, shared custody is a good idea if both parents can settle on a set schedule. 

 In this type of agreement, both parents may or may not have to share their legal parental rights. This means that one parent may have more influence over their child than the other. Examples of this may be religion, education, and healthcare. When shared custody is the judge’s decision, both mom and dad will be required to talk with one another to decide what will be best for the child concerning these issues. An experienced attorney will be able to help you with the specifics of shared custody. 

 There are a few instances where shared custody will be more appropriate for the child. If one parent has been ill or is dealing with a physical disability, it may be difficult for them to care for their child in the way he or she needs. Shared custody is also often given when one parent is financially unstable or frequently travels out of town. 

 Understanding Joint Custody

 When a family takes on joint custody of their child or children, physical rights will be shared as equally as possible. This means that both parents have the right to spend the same amount of time with the child in their homes. In most cases, the parent will sit down to agree upon a rotating schedule that works out for both parties. In the event an agreement cannot be reached, a judge will step in to determine the amount of time each parent has with their child. 

 When joint custody has been established, each parent is expected to be highly involved with the child. They will be expected to share all responsibilities equally. When a family decides on joint custody, they must work together to agree on the various decisions concerning their child’s upbringing. This will include issues such as religion, education, family matters, and health care. Putting the needs of the child before their own personal issues is extremely important. 

 Joint custody will work better if both parents are amicable and capable of making decisions together. It is also helpful for the parents to live and work relatively close to one another when joint custody is a favored option. Joint custody is also more beneficial when the child is in school. 

 Talk to an Experienced Family Attorney Today

 When parents split up, figuring out the child custody arrangements will usually be an emotional and frustrating process. Both parents must sit down and calmly discuss what will be best for their child. There are several factors to consider when deciding between joint and shared custody. However, emotions often get in the way of making a decision. It’s a good idea to have legal assistance when figuring out what type of child custody will work the best for your situation. 

 The divorce and family law lawyers at Yoder Kraus & Jessup P.C. have years of experience in the different areas of family law. We can help you decided what is best for your child when child custody is a concern. Give us a call today to learn more at 1-260-347-9400 or 800-545-6453.

Do’s and Dont’s of Divorce

Do’s and Dont’s of Divorce

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The decision to end a marriage is not one to ever be taken lightly. It is a watershed moment in life for most people when deciding not to stay in a legal relationship. Many who have children very often postpone the event in hopes that conditions will get better, but more often than not, the eventual separation will occur at some point. Those who make the decision over time and do not make a quick and hasty choice will have thought long and hard about each aspect of their life that needs addressing, all of which are components of going forward with life after the separation is final. In addition, even for those who know quickly when the time is right, getting prepared is essential too. A few considerations that Garrett, Indiana family attorney Yoder Kraus & Jessup suggest remembering before making the final decision to file with the Indiana court system. 

Getting Prepared

 Sometimes it is better to avoid doing certain proactive things that will send an immediate red flag. Stealth can be the friend of the divorcing spouse who files first. But, there are a few issues to evaluate and address beforehand. Since the most crucial aspect of the separation will involve children, housing arrangements, and finances, it is vital to have a good accommodations plan when making the final decision. Putting together a comprehensive listing that addresses all of these concerns first is an excellent initial step in the right direction. The court system will request a parenting plan to be worked out in association with a family attorney who can ensure that the children’s rights are enforced, set parameters, and build a case for child custody. According to Indiana family law statutes, the court system typically responds as an advocate for the children first and then evaluates classification of assets and distribution of marital property. 

Actions to Avoid

 The first action to avoid when divorcing is draining the family bank account. This can backfire when marital property is being assessed because the money is owned in community. The state of Indiana views marriages much as business partnerships, and any extracted funds can be negative evidence when the case is being adjudicated. Another element of the divorce that can have a negative impact is personal disposition and retaliatory actions. It is always important to act as an adult, even when emotions are high. The court is not so much concerned with this aspect unless there are minor children involved, but acting erratic or breaking the law in any fashion can be problematic even in seemingly simple divorces. Being combative in any manner does not bode well in any family law court. This problem can be avoided by retaining an experienced family law legal counselor who can negotiate a final agreement through a mediation process. Each spouse has legal responsibilities to each other until the order is entered, and proper assessment of personal and marital property must be completed before an equitable distribution order can be rendered by the court. Financial liabilities are shared and assets and those responsibilities are also included in any mediation agreement. 

 While some individuals who are going through a divorce will not seek legal counsel or retain representation, this is never a good decision. In fact, it is best to consult an attorney in Garrett, Indiana like the legal professionals at Yoder Kraus & Jessup before even filing or responding to a service of legal paperwork. There are often extenuating legalities associated with any divorce, and it is always best to know what you are facing legally and what legal rights you may have in the process.

What do Family Lawyers do?

What do Family Lawyers do?

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The first person you call when you find out that your marriage is irreparably damaged is your family law lawyer. You know you need them to guide you through the process, but what exactly do they do for you? Here are 6 things that your family attorney in Garrett, Indiana, can do for you. 

Prenuptial Agreements

 There’s a misconception out there that you don’t involve a family lawyer until the marriage is over. However, it would help if you got the lawyer involved at the very beginning. Family lawyers can help you complete a prenuptial agreement that will make the divorce process more manageable if it does get to that point. 

 A prenuptial agreement is a document that states what will happen financially in the case that your marriage does not work out. It’s a sort of insurance in a way. It protects both parties and keeps things fair. A lawyer will ensure that everything about the document itself is legal and authorized adequately by both parties. 

Division of the Assets

 If you don’t have a prenuptial agreement, you’re going to need to divide your assets. You and your partner created a life together that could involve a wide number of valuables, including:

  • Houses
  • Automobiles
  • Stocks
  • Savings accounts 
  • Art
  • Furniture 
  • Pets 

 Your lawyer will facilitate negotiations that, ideally, put you in the best financial situation possible while keeping things equitable. Numerous factors go into how the court will divide your assets, including how well your lawyer fights on your behalf. 

Child Custody

 If you and your ex are lucky enough to have brought children into the world, you both probably want to have as much time with your children as possible. However, since you don’t live together anymore, you have to find a way to share custody. A lawyer will help mediate an arrangement that benefits the children first, then both you and your ex. 

Alimony

 When someone becomes accustomed to a certain standard of living and helps support someone as they build their career, they are entitled to live a similar lifestyle after the marriage is over. This is especially true if the other party caused the dissolution of the union. Alimony is a payment someone pays to their ex to maintain a balance between both parties once they are living separately. 

Represent You in Court

 The judicial system can be convoluted and time-consuming. A lawyer can explain family law in your state and tell you step by step what to expect and what you need to do. They can also help save you time by attending court dates for you, which can be especially important if you aren’t able to often step out from your regular obligations. The lawyer will take your place and speak for you while you tend to your responsibilities. 

Provide Counsel

 Ignorance is not a defense in the eyes of the law, which also applies to divorce hearings. Your lawyer will be able to educate you to make the best decisions for your case. Your lawyer will also educate you on what steps you need to take to get things done as quickly as possible. The lawyer will also be with you at a very vulnerable time in your life. The lawyer may even be able to help build you up and provide a bit of support during a whirlwind of negative emotions. You want to pick a lawyer who relates to you and can communicate with you in an honest way. 

 Your family law lawyer in Garrett, Indiana, Yoder Kraus & JEssup, P.C., is essentially your guide through the transition to the next stage of your life. Whether you are getting ready to head to the altar or the singles bar, you want to take the time to speak to a family attorney. Call to learn more today.

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