Legal Question in Family Law in Indiana
Provisional court hearings
I have a court hearing on jan. 16 at 9:00. Its about child support and custudy.My wife is trying to make me also pay for all her layers fees. I canceled our last divorce procedings because she asked me to and because i never wanted one in the first place .She could'nt decide what she wanted. She is a rn at a hospital making between 45-48 and i'm currently unemployed and totally broke.I get 350.00 after taxes and have 2100.00 in bills per month. Icant aford a place to stay or to buy my own food. Also she canceled my health insurance without telling me. I can't afford an attorney myself. What do you think i'll have to pay. I want joint parental custody with both parents paying their own exspences but my job and place to live is a problem right know.Please tell me what you think legally and give me some legal advice im desprite.
1 Answer from Attorneys
Re: Provisional court hearings
There is a difference between legal advice and answering a general question about the law. Generally, the court looks at the parties ability to pay when determining who should pay for attorneys fees. If she makes a lot more than you do, the court could order her to pay fees; if you make a lot more than she does, opposite can happen.
The purpose of a provisional hearing is to issue a temprary order concerning bills, support, interim attorneys fees, temporary custody and parenting time. The court will look at income and living expenses for the first three, so all documentation showing income and expenses is necessary. The court will usually require that insurance be maintained during the course of the divorce. The court will grant temporary custody based on what is best for the children.
You may be entitled to an attorney for free, Since you gave an incorrect zip code, I cannot tell you where to seek an attorney, but look for the pro bono office in your area. Unfortunately, with a hearing tomorrow, you wont have time to obtain one.
Good luck