Child Custody / Child Support Issues in Indianapolis
Thank you for visiting My Indianapolis Family Law Attorney. We know that there is nothing more difficult than divorce and custody-related issues that are in dispute. We will take the time to understand your family situation. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Indianapolis
The attorneys at the Family Law Offices of “insert attorney name” in Indianapolis have extensive knowledge in Family Law issues such as Child Custody and Child Support. We know you want to care for your children and provide a safe home for them.
Child Custody Overview
- Child Custody is the legal relationship between a parent and the children when divorce comes into their lives.
- Fighting solves nothing and can do harm to your children.
- Children benefit most when you and your spouse can cooperate with each other.
- The court will determine which parent has the best interests of the children.
- Child Support is a legal obligation for the non-custodial parent to provide for his or her children.
- Children have the right to be taken care of by both parents.
Factors in Determining Custody
- Indiana courts determine custody and parenting time (visitation) based on the child’s best interests.
- The courts do not favor the mother or the father.
- Factors used in determining custody:
- Age of the children
- Sex of the children
- Wishes of the child if 14 or older
- Relationship between parent and child
- Relationship between siblings
- Child’s adjustment to new surroundings
- Parent’s physical and mental health
- Is there any abuse or drugs history?
Custody Definitions
- Sole Legal Custody
- One parent has primary physical custody
- The other parent has parenting time or visitation
- The custodial parent has the responsibility of making major decisions
- Joint Legal Custody
- One parent has primary physical custody
- The other parent has parenting time or visitation
- Both parents makes major decisions for the children together:
- Religion
- Education
- Health care
- Extracurricular activities such as sports
- Joint Legal and Physical Custody
- The children have equal time with the parents
- Works well if parents live close to each other
- Works well if parents can cooperate with each other
Parenting Time
- The physical parenting time plan for parents and their children.
- Courts allow the parents to agree on time schedules.
- Indiana uses the Indiana Parenting Time Guidelines if parents cannot agree.
Child Support
- Courts require the non-custodial parent to pay child support to the custodial parent.
- Child should be allowed to enjoy the same standard of living they have always had.
- Indiana courts use the Indiana Child Support Guidelines to determine the amount paid.
- Factors used to determine the amount:
- Gross weekly income for each parent (exceptions when self employed)
- Are there children from another marriage/relationship?
- How many nights do the children spend with each parent?
- Medical insurance
- Daycare costs
Failure to pay child support
- If child support is not paid in Indiana, the following comes into play:
- Wage Assignment
- Direct payment from the non-custodial parent’s paycheck.
- Writ of Execution
- A child support order will be enforced.
- Civil Contempt
- Custodial parent can file a contempt of court action where the divorce and child support orders were issued.
- Jail time can happen for non payment.
- Other
- Your home can be sold.
- Spend time in jail
- Stock can be sold.
- Bank accounts can be taken.
- Your wages can be garnished.
Conclusion
If you are facing difficult child custody and child support issues, call us immediately. We specialize in children’s needs and children are our #1 priority. Call us at the Family Law Offices of “insert attorney name” in Indianapolis. We are committed to the well-being of you and your children.
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