Special Needs Trust

Leaving assets in your will to a loved one with a disability may do more harm than good.  Often, individuals with disabilities receive subsidies for living expenses and healthcare.  These subsidies can be in jeopardy if the disabled individual has too much income or too many resources (savings, investments, property, inheritance, etc.).  If you would like to help someone you love with a disability, the best way to do so is through the creation of a Special Needs Trust.  Setting up a Special Needs Trust is not expensive or complicated, and it allows for you to ensure a loved one with a disability is cared for without threatening his or her eligibility for assistance with living expenses and healthcare

Child Support Modification

If you have been paying or receiving the same amount of child support for over a year, it may be time to revisit that calculation. Under Indiana law, a child support order may be modified if: (1) there has been a substantial and continuing change of circumstances; or (2) it has been more than a year since the last child support order and you think that there has been a change of either parents' income which will impact the child support calculation by more than 20%. (Keep in mind that bonuses, a company car, a free place to stay, and other job "perks" can be imputed as income to either parent.) If you don't request a modification and look at the numbers at least every couple of years, you or your kids could be needlessly struggling. All too often folks continue paying way too much after a decrease in salary or receiving way too little in light of the other parent's multiple promotions over the years. The spirit of Indiana Child Support Guidelines desires for children to experience the same level of care and comfort in both parents' homes. This is only possible if current and accurate numbers are regularly used to update child support calculations.

Guardianship and Divorce

A guardian for an incapacitated adult may not file for divorce on his or her behalf according to a recent Indiana Court of Appeals Case, In Re the Marriage of Leora McGee v. Robert McGee. In McGee, the daughters of an incapacitated elderly man sought to divorce their father from his second wife of only three years and move him out of state so they could better care for him. The second wife objected to the daughters' desires and successfully thwarted the divorce. This finding once again emphasizes the need for folks to consider prenuptial agreements -- ESPECIALLY for second marriages later in life.