The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In domestic law and litigation, the majority of decisions and findings are based on what is in the best interests of the child(ren)1. For example, in determining initial custody or whether to modify custody, the best interests of the child are paramount and the state statutes defining the elements/information to be reviewed use the language of “best interests”2. But what…
In Indiana, children of parents who are divorced, or were never married are entitled to child support from both parents according to each parent’s respective income, the amount of time the child spends with each parent, and other factors.1, 2 Child support is an obligation of both parents to the child until the child reaches the age of nineteen (19).3 Generally,…
Upon a finding of paternity or dissolution of marriage, child support calculations are one of the first orders of business for many parents. Determining who will have custody and how much support will be paid are determined, as family law matters are, by what is in the best interests of the child. Child support is calculated using a specific formula,…
Child support payments can be modified throughout a course of litigation, either due to a change in circumstances of the parties1, children becoming emancipated2, or a change in child custody3, to name a few. Often if there is a change in child support, there is a potential overpayment of child support. In some cases, this overpayment may be reimbursed. In…
In domestic cases, child support is often a key component to the matter, and who will pay and how much are complex questions that may be litigated. When a child support duty is ordered by a Court, the noncustodial parent who is to pay child support owes that support to the child(ren)1. However, what happens in cases where the noncustodial…
The Indiana Child Support Guidelines were instituted to provide a consistent statewide standard for courts to follow when issuing orders for child support in divorce or paternity cases, such that the orders are both fair and consistent for all persons in similar circumstances.1 Pursuant to the Indiana Code § 31-16-6-1, child support orders should be based on a number of…
In most domestic cases involving children, child custody and child support are two (2) of the key issues in the litigation process. Determining where the child will physically reside (the custodial parent), how the parents will make legal decisions regarding the child (about major life issues, such as religious upbringing), and the amount of support owed by which parent are…
What Are They? When Can They Be Modified? Under a recent modification to the age of emancipation under Indiana Law, children are emancipated for child support purposes at the age of nineteen (19)1. However, at age nineteen (19), many children are attending college or other secondary education. It should be noted under the new statute, that if the child support…
In the United States, each state has specific laws governing paternity and divorce matters, all of which encompass some formulation, regulation, or provision for the payment of child support. With our ever-mobile society, more and more families are moving from state to state and thus, some regulation is needed between the states to enforce child support orders from other states.…
With today’s ever-expanding accepted concept of what makes up a “family”, which is far beyond the nuclear family definition, such as step parents and step siblings, aunts, uncles or grandparents caring for his or her sister or brother, or child’s children, there is much confusion as to who has the legal rights to the care and custody of child if…