Law Office of Mary Beth MockLaw Office of Mary Beth Mock2026-05-20T13:51:38Zhttps://www.mbmock.com/feed/atom/WordPress/wp-content/uploads/sites/1502690/2022/02/cropped-Mary-site-logo-32x32.pngOn Behalf of Law Office of Mary Beth Mock<![CDATA[Could your health affect your custody rights?]]>https://www.mbmock.com/?p=469322026-05-20T13:51:38Z2026-05-20T13:51:38ZParenting despite a disability can be challenging, but it is not impossible. In fact, roughly 7% of parents in the United States have a disability, and that alone does not make you an unfit parent or negatively affect custody decisions.When it comes time to make decisions about parenting time and parenting rights, the courts focus on your ability to care for your child, maintain a safe environment and meet daily parenting responsibilities.
It is all about the best interests of the children
If your custody case is disputed and the court must step in, the judge is legally bound to make decisions in the children's best interests. In general, the judge may consider anything they feel is relevant. Your disability is only relevant regarding how it affects your ability to be an effective parent, and many parents with disabilities successfully raise children every day. Receiving disability benefits does not automatically harm your custody case. The court also looks at:
Your ability to maintain a stable home
Medical treatment and ongoing care
Support systems from family or caregivers
Your involvement in the child’s education and activities
Whether the child’s emotional and physical needs are consistently met
Medical records, testimony and parenting history can all shape the court’s view. Judges usually try to balance the child’s best interests with the parent’s right to maintain a meaningful relationship with the child. Every custody and divorce case is different, especially when a parent is living with a disability. If questions about benefits, parenting ability or financial support become part of the dispute, having a legal professional guide you may help you better understand your options and protect your role in your child’s life.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[When can Indiana parents request makeup parenting time?]]>https://www.mbmock.com/?p=469312026-05-02T12:33:51Z2026-05-02T12:33:51ZAfter issues outside of parental control
The Indiana parenting guidelines recommend makeup parenting time when cancellations occur due to factors outside of a parent's control. Those factors could include illness, a child's extracurricular activities or even appointments scheduled by the other parent.
As a general rule, any time one parent makes a choice that limits the other's time with the children, they should allow the parent denied that time to make up the same amount of time at a later date.
In cases where one parent repeatedly cancels the other's time with the children and does not allow for makeup parenting time, the parents who missed time may need to go to court to seek enforcement of the custody order. They could also ask for a modification, given that their co-parent does not consistently uphold their right to see the children as scheduled.
Makeup parenting time is often important for preserving a parent-child bond. Learning more about the rules that govern child custody in Indiana can help parents assert themselves and their rights accordingly.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[Spousal maintenance vs. alimony: What Indiana allows]]>https://www.mbmock.com/?p=469302026-04-24T12:25:35Z2026-04-24T12:25:35ZIf you are facing divorce and worry about getting by on a single income, you are not alone. Many people in Indiana assume they can rely on "alimony" the way it is described in movies or other states — a regular payment from an ex-spouse to help cover living expenses.
In reality, Indiana handles this differently and what the law actually allows may surprise you.
Distinguishing between alimony and spousal maintenance
In Indiana, the law does not recognize "alimony" for ongoing support; it establishes "spousal maintenance" instead. This difference matters. Unlike other states that base alimony on lifestyle during the marriage, Indiana sees maintenance as a short-term bridge to help a spouse stand on their own, not a permanent right.
Identifying the statutory grounds for support
You cannot just ask for maintenance because of an income gap between you and your spouse. According to Indiana statutes, the court typically only grants final maintenance under three circumstances:
Incapacity maintenance: This applies to spouses whose physical or mental condition prevents them from supporting themselves.
Caregiver maintenance: This may be granted for spouses who must give up work to care for a child with a physical or mental incapacity.
Rehabilitative maintenance: This is a temporary bridge, capped at three years, for spouses needing education or training to find suitable employment.
Getting maintenance in Indiana depends on showing clear proof that your situation fits one of these three categories.
Evaluating the limits of maintenance awards
While the three-year limit is a firm statutory ceiling for rehabilitative support, the court looks very closely at your situation. Under Indiana law, the judge looks at your education and how long a training program will take.Crucially, the "starting clock" for this support begins exactly on the date the court issues your divorce decree, with no room for extensions if training runs long.
Understanding the complexities of Indiana maintenance law
Because Indiana does not recognize general alimony, clear proof of health limits, childcare needs or lack of job skills must support any maintenance award. Knowing these rules helps you go into the process with realistic expectations.
]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What happens to life insurance policies in an Indiana divorce?]]>https://www.mbmock.com/?p=469292026-04-14T12:00:46Z2026-04-14T12:00:46ZDivorce is a major financial transition that touches every part of your life, including protections you may not have thought about. Whether you have a whole-life policy with cash value or a term policy through work, understanding how Indiana law and federal rules govern these benefits can make a real difference in protecting what matters most to you.
Life insurance can be a marital asset
Under Indiana law, any asset acquired by either spouse before or during the marriage is considered marital property. If your policy has a "cash value" component, that value is generally subject to a "just and reasonable" division.While courts presume an equal split is fair, a 50/50 division is not guaranteed and may shift after considering:
Each spouse's economic circumstances
The conduct of the parties during the marriage
The earnings or earning ability of each person
What happens to your beneficiary designation?
Many people assume a divorce decree typically revokes a former spouse’s rights to death benefits. While Indiana law states that a dissolution revokes a spouse's beneficiary status, there is a dangerous exception. If your policy is provided by an employer and governed by federal ERISA law, state revocation laws may not apply.Failing to update your beneficiary designation according to the plan's specific rules can result in your ex-spouse receiving the full payout, regardless of your divorce decree or state law.
When courts order life Insurance in a settlement
A court may order a parent to maintain a life insurance policy to secure child support or spousal maintenance. This ensures that if the paying parent dies, the children or former spouse are not left without financial support.
You have to update your policy yourself
Failing to address life insurance can lead to irrevocable financial loss. Parties should be aware of strict procedural deadlines, such as the 30-day window to file a Motion to Correct Error under Indiana Trial Rule, should a court improperly value or distribute a policy. Addressing these complex timelines with qualified legal counsel is essential to protecting a financial future.
]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[How paternity affects child support and custody in Indiana]]>https://www.mbmock.com/?p=469282026-03-11T13:10:16Z2026-03-11T13:10:16ZWhen a child is born to unmarried parents in Indiana, biology alone does not create legal rights or responsibilities. Paternity is the legal recognition of fatherhood. Without it, a court cannot address custody, parenting time or child support. Knowing how this works helps both parents protect their place in a child's life.
Two ways to establish paternity in Indiana
The simplest path is a Paternity Affidavit. Both parents can sign one at the hospital within 72 hours of the child's birth, or later at a local health department, as long as no father appears on the birth certificate. Either parent can also ask a court to make the determination.A judge may order DNA testing and issue a formal ruling once results come back. Once paternity is on record, a father gains the same standing as the mother to pursue custody or parenting time.
What paternity means for custody
Many parents find this part surprising. Signing a Paternity Affidavit does not give a father custody or parenting time. It only establishes legal fatherhood. To obtain enforceable custody or parenting time, a court order is required. Indiana law gives an unmarried mother sole legal custody of her child unless a court rules otherwise.After a court establishes paternity, either parent can seek custody and parenting time orders. Judges weigh each parent's relationship with the child, the child's adjustment to home and school and the child's own wishes. Courts give more weight to a child's preferences once the child reaches 14, but they may consider a younger child's wishes as well.
How paternity connects to child support
Child support obligations in Indiana depend on legal parentage. Without paternity, no court can issue a support order. Once a court confirms fatherhood, Indiana's child support guidelines set payment amounts based on both parents' incomes. Support typically runs until a child turns 19, though it may continue longer if the child is a full-time student at a postsecondary institution or is incapacitated.
Time limits for establishing paternity
Indiana generally requires paternity cases within two years of a child's birth, though exceptions exist. Waiting can make the process harder and leave both parents without the legal standing they need to pursue custody or support. Paternity is the legal foundation for everything that follows. Establishing it early gives both parents a clearer path to stable custody, parenting time and support arrangements that serve the child's interests.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[How do Indiana courts handle out-of-state property in a divorce?]]>https://www.mbmock.com/?p=469272026-03-11T08:40:08Z2026-03-11T08:40:08ZCan Indiana courts handle out-of-state property?
Indiana law treats most assets you get before or during marriage as marital property. It does not matter where the assets are located. Courts often aim for a "just and reasonable" division of this entire marital estate.
This does not mean the property is split evenly, though courts often start with a 50/50 division as the default presumption. Courts only make changes if there is evidence to justify an unequal split.
However, when it comes to handling out-of-state property, Indiana courts have authority over divorcing couples. They can order a spouse to sell or transfer property outside Indiana. Despite this, they do not have direct authority over real estate located in another state, limiting their control over such assets.
Indiana courts cannot directly transfer property in another state, but they can order a spouse to sign papers or face court penalties. In practice, this allows the court to ensure the property division is carried out even when the property is beyond Indiana’s borders. Courts often accomplish this through contempt or monetary offsets if a transfer is impractical.
Handling out-of-state property with confidence
To handle out-of-state property, both spouses need to understand the rules and work together.
Indiana courts include these assets when dividing property. With the right preparation, you can handle these issues with confidence. Understanding how Indiana family law works helps you protect your interests and move forward with a fair and well-structured resolution.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What happens to my small business in a divorce?]]>https://www.mbmock.com/?p=469262026-03-12T04:21:52Z2026-02-11T16:00:50ZIndiana treats most businesses as marital property
Indiana courts treat almost everything you own as part of the "marital pot" that needs dividing. Under Indiana Code 31-15-7-4, all property owned by either spouse is subject to division. That includes businesses. Indiana Code 31-15-7-5 also states that “fair” usually means an equal split, but that becomes challenging if your spouse had nothing to do with the business and its growth. These factors can affect how the business is treated in a divorce.
Assessing what your business is worth
Before anything is divided, the court needs to know what your business is actually worth. Business valuation examines profit margins, equipment, inventory, customer relationships and reputation. This process determines what someone would realistically pay if they wanted to buy your business. Most business valuations require a forensic accountant to analyze financial records and provide a professional opinion on the business's worth.
Your options for keeping the business
After the value of your business is established, you have several paths to choose from, including:
Buyout: You keep the business and your spouse receives other assets of equal value. This might mean they get a larger share of retirement accounts or home equity. In case the other assets won't cover the balance, you may arrange a payment plan.
Sell and split: Sell the business and divide the proceeds between the two of you.
Continue as co-owners: This arrangement is not usually encouraged by the court, but in rare cases, former spouses continue as business partners.
Which path makes sense for you depends on your finances, priorities and what other assets are available to divide.
Proper planning matters
Getting an accurate valuation protects you from paying too much or accepting too little. It is advisable to start pulling together your financial records because the sooner you organize everything, the easier this process becomes. In situations like this, you may consider seeking legal guidance from someone who understands both Indiana divorce law and business valuation.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What role does mediation play in Indiana child custody disputes?]]>https://www.mbmock.com/?p=469252026-03-12T04:22:07Z2026-02-03T17:52:13ZWhen parents disagree about custody, Indiana courts often look to mediation as a first step toward resolution. Mediation offers you a structured setting to address disputes without turning every disagreement into a court fight. This process encourages cooperation while keeping the court involved as needed.
Mediation may be ordered or encouraged by the court
Indiana law requires judges to consider whether custody or parenting time disputes should go to mediation, and courts have the authority to order mediation under the state’s ADR rules. Whether mediation occurs depends on the facts of your case, the issues involved, and whether mediation appears appropriate. The court may delay further hearings until mediation takes place when no safety concerns exist.
The mediator facilitates discussion but does not decide outcomes
A mediator acts as a neutral third party who guides discussion and keeps conversations productive. The mediator does not take sides or issue decisions. Instead, the mediator helps parents identify issues, reduce misunderstandings, and explore practical solutions.
Mediated agreements can influence custody orders
When parents reach agreement in mediation, the mediator prepares a written summary of the terms. A judge may approve this agreement and incorporate it into a custody order if it supports the child’s best interests. If mediation resolves only some issues, those agreements can still reduce the scope of court involvement.
Mediation emphasizes the child’s best interests
Indiana custody law focuses on the child’s well-being, stability, and overall development. Mediation encourages parents to think about schedules, communication, and routines from the child’s perspective. This approach often reduces conflict and supports more consistent parenting arrangements.
How mediation fits into your custody case
Mediation works best when parents prepare, stay focused, and remain open to compromise. Even when emotions run high, mediation can help move a case forward and reduce time spent in court. Indiana courts view mediation as a practical tool that can lower costs and support workable custody plans.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[What is the impact of executive compensation packages on divorce?]]>https://www.mbmock.com/?p=469242026-01-21T14:47:26Z2026-01-21T14:47:26ZExecutive compensation can make divorce more complex when income goes beyond a base salary. Bonuses, stock awards, and deferred compensation often hold significant value, even if payment happens later. If you or your spouse receives this type of pay, Indiana courts look closely at how and when it was earned during the marriage.
Executive compensation often includes bonuses, commissions, stock options, restricted stock units, and deferred compensation plans. These benefits may not show up as regular income, but they still represent earned value. Courts focus on whether the compensation connects to work performed during the marriage when deciding if it belongs in the marital estate.
How Indiana courts classify executive compensation
Indiana uses equitable distribution, which means courts divide marital property in a fair way rather than splitting everything evenly. Executive compensation tied to marital efforts often counts as marital property, even if it vests after separation. Courts review employment agreements and compensation plans to decide whether the pay rewards past performance or encourages future work.
Valuing complex compensation packages
Valuing executive compensation requires careful analysis because these assets can change based on market conditions or job performance. Stock options and performance shares may rise or fall in value, while deferred compensation may depend on future employment. Courts often rely on financial analysis to estimate present value so property division reflects today’s worth.
High-value compensation can affect how other assets are divided. A large bonus or stock award may offset assets like real estate, retirement accounts, or investment portfolios. These trade-offs can shape settlement discussions and influence court decisions in high-asset cases.
How preparation supports better outcomes
Clear records help reduce disputes. Employment contracts, compensation schedules, and award statements show how executive pay works and when it was earned. When you understand how these benefits fit into the marital estate, you can better evaluate how a high-asset divorce may unfold.]]>On Behalf of Law Office of Mary Beth Mock<![CDATA[How do you bring up a prenuptial agreement?]]>https://www.mbmock.com/?p=469232026-01-15T12:24:00Z2026-01-15T12:24:00ZYou and your partner are engaged, and you know that you want to get married. You also know that you want to use a prenuptial agreement.
Your concern may be that your partner will be offended if you bring up the topic. They may think that you are not committed to the relationship or that you are already thinking about divorce. What are some tactics you can use to make this an easier conversation?
Stress how it can help both of you
First, a prenuptial agreement is not just for one person. Both partners can use it to protect assets they already own, limit exposure to future debt and address other financial concerns. Emphasize that signing a prenup can be just as beneficial for your partner as it is for you, and that the goal is to protect both of you.
Remember that state law already addresses assets
Another important point is that state law already dictates what happens to assets if a couple gets divorced. Without a prenuptial agreement, your assets go through marital property division. A prenup simply allows both of you to define those terms yourselves. In that sense, it gives you more control and flexibility rather than leaving these decisions entirely up to the state.
Note that it does not make divorce more likely
Finally, having a prenuptial agreement does not mean that divorce is inevitable or even more likely. In fact, some people believe that a prenup can make a marriage stronger. This is often because it encourages open and honest conversations about finances, expectations and long-term goals before the marriage begins.After you have the initial conversation, it is important for both of you to understand the legal steps involved in creating a valid prenuptial agreement.]]>