Can I pay my bill with a credit card?
Yes! You can pay your bill using a MasterCard, Visa, Discover or America Express at any time without an additional fee. To take advantage of the service, complete this form and fax it to us at 260.420.1013 or send it to Beckman Lawson Accounting, 201 West Wayne Street, Fort Wayne, IN 46802. You may also contact Martha Holland with your credit card information at 260.425.1652. 
Can my ex-spouse move out-of-state with our child(ren)?
We are a mobile society, and people move for a variety of reasons. When such a move requires the relocation of a child by a parent with primary physical custody, the ramifications to the child and to the other parent can be enormous. That is particularly true if the non-custodial parent has a strong, well-established relationship with the child(ren).
Several years ago, the Indiana legislature addressed the relocation dilemma by creating a specific procedure that must be followed if either parent moves from their residence. The substantive portions of that procedure can be found at I.C. §31-17-2.2. The definition of key terms found in that statute are provided in I.C.§ 31-9-2.
The purpose of this new relocation procedure is to provide specific requirements for a parent who wants to relocate with a child(ren), and the corresponding rights and responsibilities of the non-custodial parent in that situation. The statute provides a detailed timeline that includes notice requirements for the custodial parent, and a written response deadline if the other parent objects to the relocation. While the notice requirements apply to all relocating parents, it is of special interest to the parent that has primary physical custody. If the relocation of the child(ren) is challenged by the non-custodial parent, the Court must consider the following factors in deciding whether to permit the relocation: the distance of the proposed move; the hardship and expense that would be involved for the non-relocating parent to exercise parenting time after the move; the likelihood of preserving the relationship between the child(ren) and the non-relocating parent after the move; the relocating parent’s pattern of conduct as it concerns promoting or interfering with the other party’s parenting time; the reasons for the move; the reasons the move is opposed; and other facts affecting the best interests of the child(ren).
Relocation cases can be very difficult. That is why a parent should seek legal counsel to understand their rights and responsibilities in that situation. Failing to follow the statute can have a devastating impact on a parent and on the child(ren).
How do I establish paternity?
If you had a child and are not married, parental rights are established by filing a petition to establish paternity. Paternity can also be established at the hospital with a paternity affidavit signed by the mother and the father. This is usually signed immediately after the birth of the child.
Either parent may file a petition to establish paternity in the county where the child resides. Many courts require a DNA test be conducted to establish a reasonable degree of certainty that the father is the biological father. In a paternity proceeding you can establish temporary and final orders relating to parenting time, custody and support of the child. For more information about paternity, please contact Ashley N. Hand or John H. Brandt and schedule a consultation.
Is there such a thing as "cooperative divorce"?
Yes. Cooperative or "collaborative" divorce is a concept gaining awareness and momentum as more couples discover there is a way to minimize conflict during a divorce and survive the process without destroying each other -- or others in the family. John Brandt has been integral in introducing the concept into Fort Wayne legal community. Read more by clicking here.
What are my rights to holidays with my children?
It is always important to refer to your settlement agreement to see what holiday schedule was adopted. For specific language in the Indiana Parenting Time Guidelines please go to (link to Indiana Parenting Time Guidelines). If your agreement is silent or follows the Indiana Parenting Time Guidelines, then the following would apply:
In an even number of years, the non-custodial parent gets:
1. New Year’s Eve and New Year’s Day from December 30th at 7:00 p.m. to 7:00 p.m., the evening before school resumes;
2. Memorial Day from Friday at 6:00 p.m. to Monday at 7:00 p.m.;
3. Labor Day from Friday at 6:00 p.m. until Monday at 7:00 p.m.; and,
4. Thanksgiving from 6:00 p.m. on Wednesday until Sunday at 7:00 p.m.
In odd numbered years, the non-custodial parent gets:
1. Spring break from Friday at 6:00 p.m. through Sunday of the following weekend at 7:00 p.m.;
2. Easter from Friday at 6:00 p.m. until Sunday at 7:00 p.m.;
3. Fourth of July at 6:00 p.m. on July 3rd until 10:00 a.m. on July 5th; and,
4. Halloween evening from 6:00 p.m. until 9:00 p.m. or at such times to coincide with the trick or treat schedule in the communication in which the non-custodial parent resides;
Christmas break is divided in half between the parties based on the school district in which the children attend or if it’s a preschool age child in a school district in which the custodial parent resides. The first half of the vacation begins at 8:00 p.m. on the evening the child is released from school and continues until December 30th at 7:00 p.m. If the parents cannot agree on who gets the first or second half, then the custodial parent will get the first half in even numbered years. In those years in which Christmas does not fall in the parent’s week, that parent shall have the child from noon to 9:00 p.m. on Christmas day.
Mother always gets the child on Mother’s Day from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father always gets the child on Father’s Day from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
The parent’s birthday is treated like a holiday, and the child will be with the parent whose birthday is taking place from 9:00 a.m. to 9:00 p.m. In the event the child is in school during the parent’s birthday then it is from 5:00 p.m. to 8:00 p.m.
In addition, on a child’s birthday in even numbered years, the non-custodial parent shall have all of the children from 9:00 a.m. to 9:00 p.m. However, if the children are in school then it is from 5:00 p.m. to 8:00 p.m. In odd numbered years, the non-custodial parent shall have all the children the day before a child’s birthday from 9:00 a.m. to 9:00 p.m. However, if the children are in school then it is from 5:00 p.m. to 8:00 p.m.
In the event you have other religious holidays that you recognize, it may be important to add additional holidays to your parenting time schedule. Parenting time can be modified by filing a petition to modify parenting time in the court in which the original parenting time order was issued and scheduling your petition for trial. For further information, please see the Indiana Parenting Timeline Guideline, or contact Ashley N. Hand or John H. Brandt and schedule a consultation.
What are your fees?
Win-win billing arrangements
We take an up-front, clear approach to fees so there are no surprises or confusing invoices. When shopping for legal services, you should look for a good value just as when shopping for anything else. We provide value through smart, goal-oriented legal solutions in exchange for a reasonable, competitive fee. Our firm's size helps us deliver value -- you tap into the knowledge from a team of experienced lawyers and avoid the high-dollar overhead of much larger firms. We understand what it means to work within a budget and our recommendations seek the best, most direct route to resolution.
Like most lawyers, we typically bill by the hour, and our rates are based on experience and practice area. When appropriate, however, we accept matters on a contingent basis (we get paid when you get paid) or a combination of the two. We are also willing to consider fixed fees, work on retainer, success fees and other arrangements. In every case, we try to seek out win-win billing solutions for our clients.
What is "personal injury" law?
In our experience, personal injury law includes:
- wrongful death
- automobile and motorcycle collisions
- injuries resulting from unsafe premises
- train, plane and boat wrecks
- injuries resulting from defective, dangerous or malfunctioning products
- and various kinds of animal attacks.
Beckman Lawson also assists clients who have been injured at work. These claims involve the workers compensation process and seeking relief from the person or entity responsible for the injury. While we do not handle claims of medical malpractice directly with the Indiana Patient Compensation Fund, we regularly help clients obtain legal counsel for such claims and often remain involved in an oversight capacity.
What is joint legal custody?
Joint legal custody is a term used in the legal profession to describe parental authority. When parents share decision making power it’s called joint legal custody. Under a joint legal custody model, mother and father must decide together all issues pertaining to the major life decisions for the child. Specifically, this includes a child’s medical treatment, religious upbringing, and educational issues. Joint legal custody has nothing to do with the amount of time a parent spends with the child. Joint legal custody only deals with the decision making ability of the parent.
Joint legal custody is distinguished from sole legal custody. The sole legal custody model provides one parent the ability to unilaterally make the decisions relating to the education, medical and religious upbringing of the child. Joint legal custody is the ideal model if parents are able to communicate on issues relating to the child.
What is the marital pot?
The marital pot includes your assets, such as cars, houses, boats, stocks, bonds and bank accounts, and your debts, like the mortgage, the car loan, and credit card balances. All of those items are combined into one giant marital pot. The martial pot is established on the date the petition for dissolution is filed. So everything that exists on that date, the date of filing, is included in the marital pot. Indiana has a presumption that the marital pot will be split 50/50 between the spouses. There are certain factors that allow for a deviation of that 50/50 split. For further information about the marital pot and how it can be divided in the event of a divorce, please contact Ashley N. Hand or John H. Brandt and schedule a consultation.
When can I modify child support?
Indiana law allows for child support to be modified under two separate tests. The first test allows for a change in the support when there’s “a substantial and continuing change in the circumstances.” A substantial and continuing change in circumstances could occur when a parent has lost their job or becomes disabled and is no longer able to work. When there has been a substantial increase or decrease in the parents’ income, then modifying support may be necessary.
Child support can also be modified if it has been one year since the last modification of support, and there is a 20% change in the support amount. For example, if a support order was issued on January 1, 2010 for $100.00 a week, support could be modified on January 1, 2011 provided there was an increase or decrease in the support of $20.00 (20%).
Either parent can file a petition to modify child support with the court in which the original support order was issued. That petition must then be scheduled for a trial. Negotiated agreements to modify support are also an option. For further information, you can contact Ashley N. Hand or John H. Brandt to discuss your specific situation.
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