Legal Question in Family Law in Indiana
What are my options
My husband left seven months ago. I will not sign a settlement agreement. Am I better off waiting for him to file in order to have the court have him pay for my legal representation? We make well over six figures - him about 80 percent of our gross. He has been paying bills, can I charge him for back support over and above these bills for the last seven months? Can the court grant more support than what is stated in the guidelines? Is he entitled to take anything out of the house until we are divorced? He has done some damage to our house while visiting - should I take pictures of this? He says if I seek representation he will make my future h***! What do I do at this point?
1 Answer from Attorneys
Re: What are my options
Given the facts in your email, I would suggest that you retain your own attorney. Unless the divorce action has already begun where a preliminary order exists prohibiting either party from disposing of property, he may be able to do so. Yet, it is also possible to have the court consider the value of the property taken in terms of asset and debt division.
Where the circumstances warrant it, he may be liable for child support in a greater amount then what appears in print on the child support tables. This is determined by the facts of the case, income and formula used in the calculation of support.
You may also ask the court for attorney fees and related costs. I would also urge you to document any damage caused by him to any property. Photo's, estimates of repairs along with names of witnesses if any.
You may very well wish to initiate the case by filing first in order to assert some immeadiate control over the issues in this situation.
Again, I think it in your best interest to retain an attorney before agreeing or signing any document in this matter.
Should you wish to discuss this in greater detail you contact at 317 686-0000 or email at [email protected]
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