Friday, April 27, 2012
Wednesday, April 25, 2012
2. Couples who want to share living expenses without the commitment of marriage.
If you have any questions concerning cohabitation agreements, feel free to contact us at 317.DIVORCE orclick here to contact us online.
Tuesday, April 24, 2012
In Indiana, in any Dissolution of Marriage, Post-Dissolution, or Paternity action, the court will enter a child support obligation to be paid by one of the parties, (typically, the noncustodial parent). The Indiana Child Support Guidelines are presumed to be applicable in every such proceeding and govern the payment and determination of child support. The Guidelines are based on the “Income Shares” theory; specifically, that both parents are responsible for the support of a child based upon their respective income shares. The underlying philosophy is that a child should be provided the same lifestyle which would have been afforded to him/her had the family remained intact or had the parties married. The Guidelines are presumed to apply in each case unless a reason can be shown as to why a deviation from the calculated obligation is warranted. In determining the support obligation, child support calculators are used to create a Child Support Worksheet, which must be filed with the Court in each proceeding. In addition to the parties’ gross incomes, other factors included in determining the support obligation are: actual work-related childcare expenses, healthcare insurance premiums for the children, parenting time overnights exercised, support or maintenance received or paid, and subsequent children in either parties’ home. When a Court deems appropriate, numerous benefits received by one party, including parties’ bonus incomes, commissions, or even regular gifts from family or friends, may be included as income for support purposes.
There are a number of reasons to deviate from the presumed obligation by the Guidelines. These include, but are not limited to, voluntary unemployment or under-employment by one of the parties. If a Court finds either of these to be a factor, it may impute potential income to that party for purposes of determining support.
There are cases wherein clients propose to their attorney an agreement with the opposing party to forgo the receipt of support. This is not appropriate in most cases. Such an arrangement may be appropriate if the parties equally share physical custody of the child(ren) and agree to share expenses due to the fact that their incomes are relatively similar, however, parties must understand that it is not their right to waive support for the child(ren), rather it is the child’s right to receive the same. Issues with respect to child support are very fact sensitive and different issues will arise in each case. A thorough knowledge and understanding of the Guidelines is necessary to determine the appropriate obligation in any given case when issues arise.
At Hollingsworth & Zivitz, P.C., our team has the experience, the understanding, and the compassion to assist with your family law needs. If you have questions or concerns regarding divorce, custody, support, or any other family law concerns contact our firm at 317.DIVORCE or visit our website at www.hzlegal.com.
Monday, April 23, 2012
Living together before marriage is advisable, right? You need to figure out if the fact that she is freezing any time the thermostat reads below 78° or his insistence on cutting his fingernails on the couch is a deal breaker before walking down the aisle. It’s just common sense to take the car for a test drive before buying.
Many couples seem to agree. From the article: “In 1960, about 450,000 unmarried couples lived together. Now the number is more than 7.5 million.” However, it turns out cohabitation may not be the answer. The link goes to an interesting article stating that cohabitation before marriage is not the secret to marital bliss.
Wednesday, April 18, 2012
Tuesday, April 17, 2012
Friday, April 13, 2012
Tuesday, April 10, 2012
The Guidelines set out that the non-custodial parent has until April 1 of each year to make their election in writing as to which half of the summer they plan on exercising. If you are a custodial parent and are looking at the calendar and say to yourself "Shoot! It's now April 5 and I haven't done this!" don't fret. You are still entitled to one-half of the summer. However, your ex-spouse now can elect which half you will take. The Guidelines further permit dividing the halves into quarters, so long as both parties agree.
There is still consideration made for parents of 3 and 4 year olds as well. For 3 and 4 year olds, the non-custodial parent is entitled to up to four non-consecutive weeks during the year, at any time during the year, of extended summer parenting time, so long as the non-custodial parent provides 60 days advanced notice of the use of a particular week.
If you are considering a divorce or currently face a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.