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The relocating individual must file a notice of intent with the clerk of the court and, upon motion of either party, the court will set the matter for hearing to determine if the relocating parent may actually relocate with the minor child. There are specific timing and content requirements related to the notice.
Custodial Rights and Parenting Time in Indiana | DivorceNet
Initially, the relocating individual has the burden to prove that the proposed relocation is made in good faith and for legitimate reason, which, if proven, the non-relocating parent must then show that the proposed relocation is not in the best interest of the child. The amount of child support is governed by application of the Indiana Child Support Guidelines. The Guidelines are designed to ensure consistency and predictability in child support amounts. In any proceeding there is a rebuttable presumption that the amount of child support which would be awarded by applying the Indiana Child Support Guidelines is correct.
However, the court may conclude that the evidence in a particular case justifies deviating from the Guideline amount.
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The Guidelines utilize a Child Support Obligation Worksheet to calculate the presumed child support amount, which considers weekly gross income, any subsequent born children, any support obligation or duty for prior born children, maintenance received by either party, work-related child care expenses of each parent, weekly insurance premiums paid to provide insurance coverage for the children, and a parenting time credit which is based on the number of overnights exercised by the parent paying support. A child support obligation may be modified upon a showing of changed circumstances so substantial and continuing as to make the terms of the existing order unreasonable.
In a divorce, the court will divide the property of the parties whether the property was owned by either spouse before the marriage, acquired by either spouse after the marriage and before the filing of the petition for dissolution or acquired by the joint efforts of both parties. In Indiana, an equal division of the marital property is presumed to be just and reasonable. However, an equal division of marital property is not mandated by the court and the presumption of an equal division may be rebutted by a party who presents relevant evidence that an equal division would not be just and reasonable.
Divorce What is divorce? When can I file for divorce? How long will the divorce take? What is spousal maintenance?
What is a prenuptial agreement? What can I do to minimize my legal fees and costs? Alternative Dispute Resolution Are there means of resolving our divorce without going to trial? What is mediation? Child Custody What is the difference between physical custody and legal custody? Who is entitled to custody? Can a parent relocate with the children to another state?
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Child Support How is child support determined in Indiana? Can child support be modified? Property Distribution What property gets divided in a divorce? How is the property divided? The court will consider the following evidence: Contributions of each spouse in the acquisition of the property, regardless of whether the contribution was income producing The extent to which the property was acquired by each spouse before the marriage or through inheritance or gift Economic circumstances of each spouse at the time the disposition of property is to become effective The conduct of the parties during the marriage as related to the disposition or dissipation of their property The earnings or earnings ability of the parties.
We are committed to the highest level of client service through an exceptional caliber of Indiana attorneys. Indiana has jurisdiction when one spouse has resided in the state for at least 6 months or is stationed at a military installation within Indiana.
The county of filing must also have jurisdiction. One spouse must have resided in the county for at least 3 months or stationed in a military installation within the county.source site
Indiana Child Support & Overnight Calculations
Additionally, the petition for dissolution must be filed in the county where a petition for legal separation is pending or a decree for legal separation is in effect. The petition must be served upon the other party, either by waiver of service or summons through certified mail, personal service through a special process server, or by sheriff service. The court needs personal jurisdiction over both spouses to award spousal support or divide property.
The petition must be verified and signed by the party seeking dissolution and must set forth the residence of each party and length of residence in the state and the county, the date of the marriage, date of the separation of the parties, the names, ages, and addresses of any living children of the marriage that are under 21 years old or incapacitated, whether the wife is now pregnant, the grounds for dissolution, and relief sought from the court.
If the wife wants her maiden name restored, she must ask for it in the petition. A responsive pleading or counter petition may be filed by the other spouse. If petition for dissolution is filed while an order or decree for legal separation is in effect, the procedure for dissolution begins.
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A provisional order or decree for legal separation only remains in effect until the effective date of the provisional order on the petition for dissolution or the provisional order or decree for legal separation expires. At the time petition for dissolution has been filed, the court shall dismiss a petition for legal separation if neither a provisional order nor decree for legal separation has been granted. If a petition for legal separation is followed by a petition for dissolution, the court may hold a final hearing on the dissolution anytime 60 days after the first petition was filed.
Indiana follows what is known as the "one pot theory". Essentially, all assets or debts owned by either spouse individually or jointly before or after the marriage and prior to final separation is divisible. This includes the marital home and other real property, any debts, any savings, checking, or retirement accounts, and any personal property or family businesses. Property not subject to division includes anything belonging to someone else, future earnings or benefits, social security disability insurance payments, or educational degrees.
The assets of the marriage minus the debts of the marriage equal what is known as the net marital estate. The court is seeking a just and reasonable division of property, so many factors will be considered in making a final distribution of the net marital estate. These factors include the contributions of each spouse to the acquisition of the property, the extent of property acquired prior to marriage or through gift or inheritance, the economic circumstances of the parties, conduct of parties, and the earning ability of each party.
The court will award spousal support or spousal maintenance in a few select circumstances. The parties may always agree to any form of spousal maintenance they wish. The court will only award maintenance when there is an incapacitated spouse, if the court finds that one spouse will lack the means to provide for his or her needs and he or she cares for an incapacitated child and therefore cannot work, or the court may find that rehabilitative maintenance is appropriate, but it cannot exceed three years.
In awarding rehabilitative maintenance, the court will consider the education level of each spouse at the time of the marriage and when the petition was filed, whether one spouse stopped working as a result of taking care of the home or children or both, the earning capacity of each spouse and the time and expense necessary to enable the spouse seeking maintenance to find employment. The most important issues to resolve in the dissolution of marriage are the division of property, spousal support, if any, and if there are children of the marriage, child custody, child support and parenting time issues.
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