Family Law

Todd Uzelac Law grasps the impact

that divorce and child custody/support can have on families. Yet, a good attorney can help you to determine the best ways to divide assets, respect rights that children have in receiving appropriate child support, and to arrive on guidelines for meaningful contact with children.

Child Support


Indiana Child Support is the right of the child. It’s not the right of the parents. Child support is the money that the non-custodial parent must pay the custodial parent to help raise the child until the child becomes and adult or is emancipated in another way.

It is important to make sure you are either paying or receiving the right child support amount. Indiana calculates child support using a codified Child Support Rules and Guidelines, which are part of the Indiana Rules of Court.

Indiana Child support is a very complex area of law simply because children have so many different expenses. In determining child support Indiana Courts must consider many relevant factors Ind. Code 31-16-6-1 html) including:

  • the financial resources of the custodial parent;
  • the standard of living the child would have enjoyed if:
    • the marriage had not been dissolved
    • the separation had not been ordered; or
    • in the case of a paternity action, the parents had been married to each other
  • the financial resources and needs of the noncustodial parent.


In Indiana when a parent fails to pay child support that has been ordered, the payments become delinquent. Interest is charged at not more than 1 1/2% per month. Ind Code 31-16-12-1 states that all orders and awards contained in a child support decree or an order directing a person to pay a child support arrearage may be enforced by:

  • contempt, including provisions under section 6 of this chapter;
  • an income withholding order; or
  • any other remedies available to the enforcement of a court order


Child support is ordered to cover basic expenses any child would need, including; food, clothing, shelter, transportation, and health insurance. Furthermore, the court looks at when in the best interests of the Child, the non-custodial parent can also be ordered to pay for the child’s educational needs, medical, hospital, or dental expenses, and funeral expenses in the case where the child dies.

Parents can use the Indiana online child support calculator to preview how much child support may be in order. However, the child support calculator is not a substitute for legal advice and can vary from what is actually ordered.

Indiana does not have a minimum support amount as it finds it is inappropriate to attribute income to parents with mental illness, those who are incarcerated, caring for a disabled child, and cannot work. The court can deviate from the guideline amounts if the court finds that the amount is unjust.


The amount of child support for extraordinary expenses are based on any extraordinary educational expenses incurred on behalf of a child will be considered apart form the total Basic Child Support Obligation.

Extraordinary educational expenses may be for elementary, secondary, or post-secondary education, and should be limited to reasonable and necessary expenses for attending private or special schools, institutions of higher learning, and trade, business or technical schools to meet the particular needs of the child.


In order to qualify for a change in child support, you must demonstrate a substantial and continuing change of circumstances. The substantial and continuing change of circumstances must demonstrate that the present order is unreasonable or that the amount of support ordered at least twelve (12) months earlier differs from the Guidelines amount presently computed by more than twenty percent (20%).


Consulting with Uzelac Law regarding child support will prove to be beneficial. Uzelac law can make sure you are either maximizing or reducing child support based on your situation. Go to our contact form or call (219) 682-0056 to get in touch with Todd Uzelac Law.


Parenting Time

Uzelac Law understands that Child Custody is arguably the most intense and complicated are of family law in Indiana. Uzelac Law can help you with every aspect of child custody, parenting time and contact arrangements.

Indiana, like most states, has adopted the Uniform Child Custody Act. Indiana child custody laws recognize joint custody as an option for separated parents.

Best Interests of the Child in Indiana

In Indiana the court shall determine custody and enter a custody order in accordance with the best interest of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following: Ind. Code 31-17-2-8

  1. The age and sex of child.
  2. The wishes of the child’s parent or parents.
  3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
  4. The interaction and interrelationship of the child with:
    1. The child’s parent or parents
    2. The child’s sibling and
    3. Any other person who may significantly affect the child’s best interests.
  5. The child’s adjustment to the child’s:
    1. Home;
    2. School; and
    3. Community
  6. The mental and physical health of all individuals involved
  7. Evidence of a pattern of domestic violence by either parent.
  8. Evidence that a de facto custodian has cared for the child.

The Indiana Parenting Time Guidelines are based on the premise that frequent, meaningful and continuing contact with each parent is usually in the child’s best interest. Furthermore, the Guidelines acknowledge the difficulty when separate households are involved. The separation of households requires a persistent effort and communication between parents to promote the best interest of the children involved.

To insure more responsible parenting and to promote the healthy adjustment and growth of a child each parent should recognize and address a child’s basic needs to include:

  • To know that the parents’ decision to live apart is not the child’s fault.
  • To develop and maintain an independent relationship and to have the continuing care and guidance from each parent.
  • To be free from having to side with either parent and to be from conflict between the parents.
  • To have a relaxed, secure relationship with each parent without being placed in a position to manipulate one parent against the other.
  • To enjoy regular consistent time with each parent.
  • To be financially supported by each parent, regardless of time spent with each parent
  • To be physically safe and adequately supervised when in the care of each parent and to have a stable, consistent and responsible child care arrangement.
  • To develop and maintain meaningful relationships with other significant adults as long as these relationships do not interfere with or replace the child’s primary relationship with the parents.

Parallel Parenting

Parallel parenting is a deviation from the parenting time guidelines. The application of parallel parenting should be limited to cases where the court determines the parties are high conflict and a Parallel Parenting Plan Court Order is necessary to stop ongoing high conflict that is endangering the well being of the child.

High conflict parents mean parties who demonstrate a pattern of ongoing litigation, chronic anger and distrust, inability to communicate about and cooperate in the care of the child, or other behaviors placing the child’s well-being at risk. In such cases the court may deviate from the parenting time guidelines to reduce the adverse effects on the children.

In Parallel parenting, each parent makes day-to-day decision about the child while the child is with the parent. Communication between the parents is limited, except in emergencies, and communication is usually in writing. Counseling professionals are recommended to help parents handle parallel parenting arrangements.


Relocation with the Child

Job offer, relationship, family or a new beginning may draw you to another community after your separation. Under Indiana law you must file and serve upon the other party a notice of intent to relocate and they must do so whenever they relocate. There is no distance restriction for this. The notice must be filed and served ninety (90) days before the parent intends to relocate the children.

Upon receipt of the notice the non-relocating parent can file a motion objecting to the relocation of the children. Once the motion is filed the relocation will be set for a hearing.

Your child’s well-being is of the greatest importance to you. Take the steps necessary to protect your parental rights and your child’s best interest during and after your divorce. Contact to get the help you need or call (219) 682-0056.


Property Division

How are Property and Debts Divided in a Divorce?

How Indiana Courts Divide Property Upon Divorce

A court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture. The court can give one spouse more property than the other spouse if the court has a good reason to do so.

What is marital property?

In general, all property owned by either spouse is marital property. It can be property that one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc.

I bought a car after I filed for divorce; is this car going to be “marital property?”

No. After the divorce is filed, things you or your spouse buy are not considered marital property.

Factors Indiana Courts use to determine property division:

The court can consider many factors when making this decision, including:

    • The contribution of each spouse to the property.
    • Whether one spouse got the property before the marriage or by inheritance or gift.
    • The economic circumstances of each spouse at the time of the divorce.
    • Whether the spouse who is getting custody of the children should stay in the marital home.
    • The conduct of the parties related to the property (for example, if one spouse destroyed or wasted property).
    • The earnings or earning ability of each of the parties.

Real Estate Property Division:

All property of the husband and wife is considered “marital property.” This means that even property brought into the marriage by one person becomes marital property that will be split in half in a divorce. However, a court does not have to give each spouse one half of the property. If one spouse owned a house before the marriage, and the other spouse has not contributed to the house (such as making payments or repairs), a court might decide that the house should not be split between the two.

What if my spouse and I agree on dividing the property, but it is not split half and half; Will the court allow this?

Yes, the court will could approve your agreement. The court will generally approve an agreement on property settlement, even if it is not an even split. However, you may want to state in your agreement the reason why the two of you agree to an uneven split of the property. The attorneys at Todd Uzelac Law are experienced and can help you with this, as well as any other property division scenario you have.


Property & Debt Division

Uzelac law understands that dividing your marital assets often means parting with a portion of your assets, some with vivid memories and emotions attached. Uzelac Law will listen o your story and your goals. Uzelac Law will create your strategy and guide you for the best possible outcome for a fair and meaningful property & debt division.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.