Indiana Relocation And Support

Summary

In Indiana, noncustodial parents must notify the court and custodial parent 90 days before relocating, even if under 20 miles. If this isnt done, custodial parents can file a motion for noncompliance. Child support modifications can be requested based on new calculations, and issues like unpaid medical expenses can be included in the same motion. Housing costs arent directly listed in child support calculations, but the court considers overall financial situations. If a noncustodial parent acquires a second home without notification, it can impact child support and visitation arrangements. A change of venue to a more appropriate county can also be requested. Presenting evidence of financial contradictions and lack of notification is crucial in court.

Full Conversation

I do. Everything I am reading states that the noncustodial parent is still supposed to notify the court and custodial parent the intent on relocation 90days in advance
In Indiana, even if relocating less than * miles, it’s typically required to notify the court and the custodial parent. The *-day notice is standard, but always verify with the court to ensure you comply with all legal obligations.
Do you need help with any specific part of this process?
I am the custodial parent. The noncustodial parent sent a text message late last night informing he changed his Indianapolis address and acquired a second home 7miles from the children and I. There was no advance notice to the court or myself prior to last night. In fact, last year during a child support modification, the noncustodial parent actually said in court he could not afford an increase in child support. Acquiring a second home at */mth plus utilities in addition to his */mth home in Indianapolis, contradicts what he told the judge about not affording additional child support
Renee, you are correct that the noncustodial parent should have notified you and the court about the relocation, even if it's less than * miles. You may want to file a motion with the court to address this issue. This can include the noncompliance with notification and the contradiction regarding their financial situation.
Would you like more information on how to file this motion?
yes
To file a motion with the court regarding the noncustodial parent's noncompliance and financial contradiction:
*. Obtain the appropriate motion form from your county's family court.
*. Complete the form, detailing the noncompliance and financial concerns.
*. Attach any supporting documents, such as the text message and court records.
*. File the motion with the court clerk and pay any required fees.
*. Serve the noncustodial parent with a copy of the motion.
Would you like more details on any of these steps?
I fear that the noncustodial parent is positioning himself to acquire more child visitation and less child support in relatliation to filing a motion
Renee, it's understandable to be concerned. The court will prioritize the child's best interests. Here are some things to consider:
- Document all interactions and any changes in circumstances.
- Be prepared to present evidence contradicting the noncustodial parent's claims.
- Gather financial documents showing their ability to afford the second home.
Do you need guidance on gathering and presenting evidence?
In addition to the noncompliance in relocating, I have checked on modification of child support based on new * child support calculations. Should I file that first?
It might be a good idea to address both issues simultaneously. Filing for a modification of child support based on the new * calculations can be included in your motion regarding the noncustodial parent's noncompliance. This way, the court can consider all relevant factors together.
Would you like more information on how to file for a modification of child support?
How do I file for both support modification and noncompliance in one motion
Hi Renee! To file for both child support modification and noncompliance in one motion, follow these steps:
*. Obtain the motion form: Visit your county's family court website or office to get the appropriate motion form.
*. Complete the form: Detail both the support modification request and the noncompliance issue.
*. Attach documents: Include evidence like the text message, previous court records, and financial documents.
*. File the motion: Submit the completed form and attachments to the court clerk. Pay any required fees.
*. Serve the noncustodial parent: Deliver a copy of the motion to them, following court procedures.
Would you like more details on any of these steps?
should I also include motion for medical expenses noncustodial parent owes according to the support calculation
Yes, you can include the motion for medical expenses owed by the noncustodial parent in the same filing. This can be done by:
*. Detailing the medical expenses in the motion form.
*. Attaching relevant documents, such as medical bills and proof of payment.
*. Including this information along with your requests for support modification and noncompliance.
Would you like more details on how to gather and present the medical expense documents?
Since noncustodial parent technically has address listed in same county as I and the children, can I file for motion to change the court to Allen county instead of Marshall
Hi Renee! Yes, you can request a change of venue to the court in Allen County. Here are some steps:
*. File a "Motion for Change of Venue" with the court.
*. Explain why Allen County is more appropriate (e.g., both parents and children reside there).
*. Provide supporting documents.
Would you like more details on how to file this motion?
Will the court not increase his child support because he has two housing payments?
Hi Renee! In Indiana, the court's primary focus when determining child support is the best interest of the child. The noncustodial parent's financial obligations, including housing payments, will be considered, but it won't necessarily prevent an increase in child support if their overall financial situation allows for it.
Is there anything else specific you need help with regarding this issue?
But housing is not a line item on the child support calculation
Hi Renee! You're correct; housing expenses are not directly listed as a line item in child support calculations. However, the court may consider the noncustodial parent's overall financial situation, including housing costs, when determining their ability to pay.
Would you like guidance on how to present financial evidence in court?
But that was the noncustodial's choice to acquire second home without court's notification
Renee, you're right. The noncustodial parent's decision to acquire a second home without notification can be a significant point in your case. The court will likely consider this when reviewing the child support modification and relocation issues.
Would you like more information on how to present this argument effectively in court?
yes please
Renee, here's how to effectively present the argument about the noncustodial parent's second home in court:
*. Document the Acquisition: Gather evidence of the second home, such as property records, lease agreements, or any other documentation proving the purchase or rental.
*. Financial Impact: Show how this acquisition contradicts their previous claims of financial hardship. Present their financial statements, prior court testimonies, and any new financial documents.
*. Notification Failure: Emphasize the lack of notification to you and the court about the second home, detailing how this affects the child support and visitation arrangements.
*. Legal Argument: Present a clear argument that the noncustodial parent's actions demonstrate a disregard for court procedures and obligations.
Would you like detailed guidance on gathering and organizing these documents?
Would it be possible to file for temporary sole custody until motions have been decided by court
Hi Renee! Yes, it is possible to file for temporary sole custody while the motions are being decided by the court. Here’s what you need to do:
*. File a Motion: Obtain and complete the motion for temporary custody from your county's family court.
*. Detail Urgency: Clearly explain why temporary custody is necessary, including any concerns about the noncustodial parent's actions or behavior.
*. Attach Evidence: Include any relevant documentation, such as the recent relocation without notice and financial inconsistencies.
*. Submit and Serve: File the motion with the court clerk and serve the noncustodial parent with a copy.
Would you like more detailed guidance on any of these steps?
Would a court favor awarding me the custodial parent temporary custody
Hi Renee! The court will consider several factors when deciding whether to award temporary custody:
- Best interests of the child.
- Stability and continuity for the child.
- Noncustodial parent's compliance with court orders and financial responsibilities.
- Your ability to present a strong case with evidence.
Would you like more information on how to strengthen your argument for temporary custody?
is it best to file forms throught the indiana legal help site and electronically. Then retain a lawyer based on response from noncustodial party
Hi Renee! It is beneficial to file forms through the Indiana Legal Help site and electronically, as it can speed up the process. Retaining a lawyer early on can also ensure your case is handled effectively and help you navigate any responses from the noncustodial party.
Do you need help finding legal aid resources in Indiana?
no
Renee, filing electronically through the Indiana Legal Help site is a good step. Consulting a lawyer early can provide you with the best guidance and strengthen your case. If you need any further assistance or have more questions about the legal process, feel free to ask!
I have retained an attorney to file bankruptcy that is necessary due to the financial burden I took on during the divorce. How will this affect the outcome of my custody case
Hi Renee! Filing for bankruptcy generally won't directly impact your custody case, as custody decisions are primarily based on the best interests of the child. However, it's important to be aware of the following:
- Best Interests of the Child: The court's primary concern is what arrangement is best for the child, focusing on stability, care, and support.
- Financial Stability: While bankruptcy indicates financial hardship, it doesn't necessarily impact your ability to provide a suitable environment for your child.
- Cooperation with Court Orders: Ensure you continue to comply with all court orders and demonstrate your ability to meet your child's needs.
Do you need more information on how to address this topic in your custody case?
are the custody cases different in Allen county versus Marshall County. Does one county favor mothers over fathers
Renee, custody laws in Indiana are consistent across all counties, including Allen and Marshall. Indiana courts prioritize the child's best interests rather than favoring mothers or fathers. However, judges may have different approaches or perspectives.
Is there anything specific you need to know about your custody case in either county?
Judge Bowen seems to favor fathers
Hi Renee! It's important to note that while judges should remain impartial, individual experiences can vary. If you believe that Judge Bowen's decisions are biased, consider consulting with your attorney to discuss the option of requesting a different judge or venue.
Would you like more information on how to request a change of judge or venue?
Are they any changes to the child support calculations for *
Hi Renee! Indiana updates child support guidelines periodically, but as of now, there are no specific changes announced for *. To stay updated, you can check the Indiana Judicial Branch website or consult your attorney for the latest information.
Do you have any other questions about child support or your current situation?