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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28099
Experience:  Attorney with experience in family law.
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I want to file for divorce and I picked up forms at the courthouse

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I want to file for divorce and I picked up forms at the courthouse in Muncie,In. and they look so complicated, I don't know how to fill them out. I need to know the guidelines for child support,& visitations. I do not have my wife's social security number or the children's. I cannot get them at this time, cause my wife will not let me have anything from the house, so I wonder how I can file without them. Are there simpler forms?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 6 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

I understand that the process can be daunting - try to just take one thing at a time. These are the forms I found online, but it's provided by the Indiana court and is probably the same packet that you have. Unfortunately, the simpler forms are for where the parties agree on everything. Any other form I could provide would probably not be accepted.
http://www.in.gov/judiciary/selfservice/forms/divorce-c-noagree.html

If you do not have your wife's social security number, or that of the kids, you can still file. Simply indicate that you do not have that information, and the judge can order your wife to provide it later in the process.

With child support, this document explains the process in detail.
http://www.in.gov/judiciary/rules/child_support/

This worksheet will help you calculate the appropriate amount of support, based on your respective incomes.

As far as visitation goes, if you and your wife can agree, the judge will pretty much allow whatever you decide. If you cannot agree, ask for whatever visitation you want. Before the divorce is final, the judge will hold a hearing and decide what is in the best interests of the children. The child support amount will be adjusted based on what percentage of time each of you has the children. There is a table in the above link that shows the deductions, based on parenting time.
Lucy, Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
I am un-employed right now, how do I figure child support? My un-employment has also run out, i believe. I don't think I will receive a payment next week, and only got half this week. Does un-employment count? I am looking for work, but no luck so far. How can I figure support with no income?
Expert:  Lucy, Esq. replied 6 years ago.
Usually, you would put in that you have no income, because you can't afford to pay support.

The judge can choose to impute income to you - either by looking at your training and experience and seeing what jobs in that field are paying or deciding that you could earn minimum wage, and using that number. So, if you wanted to do that, you could put what you expect to earn when you find a job. The problem is, if the judge orders you to pay an amount that you don't have and can't afford, when you miss payments, you could find yourself in trouble - suspended driver's license, inability to renew your passport, stuff like that. It's often better to just say up front that you don't have the ability to pay.
Lucy, Esq. and 4 other Family Law Specialists are ready to help you