Flood & Lewis LLC 2026-05-29T14:12:33Z https://www.floodfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1501584/2020/10/cropped-favicon-flood-family-law-32x32.jpg On Behalf of Flood Family Law, LLC <![CDATA[What factors may disqualify you from adopting a child in Indiana?]]> https://www.floodfamilylaw.com/?p=47465 2026-05-29T14:12:33Z 2026-05-29T14:12:33Z Criminal history and background checks Indiana requires thorough background checks for all prospective adoptive parents. Certain criminal convictions can disqualify you from adopting. Crimes involving violence, child abuse, neglect or sexual offenses typically result in automatic disqualification. Drug-related convictions may also create barriers, though the specifics can depend on the nature of the offense and how long ago it occurred. Even if you have a criminal record, not all crimes prevent you from adopting. Minor infractions from many years ago might not disqualify you, especially if you prove you have reformed. However, you should be prepared to discuss your history openly during the home study process. Being honest about your past is essential. Agencies will discover this information through background checks anyway.

Health and financial stability concerns

While Indiana does not require adoptive parents to be wealthy, you do need to prove your financial stability. You should be able to show that you can provide for a child's basic needs. This generally includes food, clothing, shelter, healthcare and education. Significant debt problems or unstable employment history might raise concerns during the evaluation process. Your physical and mental health also factor into adoption decisions. You do not need to be in perfect health, but you should be able to care for a child both now and in the foreseeable future. Serious untreated mental health conditions or substance abuse could disqualify you. However, if you have addressed these challenges and can show sustained recovery and treatment, you may still be eligible.

Home environment and lifestyle factors

Indiana evaluates your living situation to ensure it is safe and appropriate for a child. Inadequate housing, unsafe conditions or unstable living arrangements can be disqualifying factors. Your home does not need to be large or luxurious, but it should provide adequate space and meet basic safety standards. The home study process also examines your support system, parenting skills and motivation for adopting. If evaluators determine that your reasons for adopting are inappropriate or that you lack sufficient support, this could affect your eligibility.

Marital status requirements

Indiana generally allows both married couples and single individuals to adopt. If you are married, both spouses generally must consent to the adoption and participate in the home study process together. If you are unmarried, you may legally adopt the child as a single individual. In some cases, your partner may be able to petition for a second-parent adoption to establish joint legal rights. You and your partner must meet all standard background checks and home study criteria. If the court determines the adoption serves the best interests of the child, you and your partner may adopt.

Your knowledge can help you build the family you want

By understanding the factors that may disqualify you from adopting a child in Indiana, you can take steps to strengthen your application and prepare for the process. Demonstrating stability, honesty and a safe home environment may show that you are ready to provide a supportive and caring future for a child in need of a permanent family.]]> On Behalf of Flood Family Law, LLC <![CDATA[Is your spouse hiding assets in a high-asset divorce?]]> https://www.floodfamilylaw.com/?p=47463 2026-05-04T14:17:08Z 2026-05-04T14:17:08Z Sudden changes in financial behavior Has your spouse suddenly become secretive about money matters? If someone who previously shared financial information now guards bank statements, tax returns or investment portfolios, that might be worth noting. You might also notice unexpectedly large cash withdrawals or transfers to unfamiliar accounts. There might also be purchases that do not make sense. Another warning sign is when your spouse starts claiming business losses or decreased income right as divorce proceedings begin. This timing is not always coincidental. Some people deliberately underreport income or defer bonuses and commissions until after the divorce is final.

Unusual financial transactions and patterns

You may want to keep an eye out for transactions involving friends, family members or business associates. Sometimes a spouse might "repay" fictitious debts to trusted individuals who will simply return the money after the divorce. Similarly, you may also want to watch for the transfer of assets to newly formed companies or trusts. It might help to also be aware of lifestyle inconsistencies. If your spouse claims poverty but continues living lavishly, something might not be adding up. Expensive purchases, luxury vacations or high-end entertainment that do not match reported income deserve scrutiny.

What you can do

If you suspect hidden assets, document everything you can. Keep copies of financial records, note unusual transactions and track any suspicious activity. Consider working with forensic accountants who specialize in uncovering hidden assets in divorce cases. These professionals know where to look and what techniques people commonly use to hide wealth. Remember that hiding assets during divorce proceedings can have serious legal consequences for the person doing it. Courts take financial disclosure very seriously, and judges do not look kindly on spouses who attempt deception. While these signs do not guarantee your spouse is hiding assets, they might be worth investigating further. It is also essential to understand your rights and know your options to help ensure you receive a fair settlement based on accurate financial information.  ]]> On Behalf of Flood Family Law, LLC <![CDATA[Who gets the monetized social media assets in an Indiana divorce?]]> https://www.floodfamilylaw.com/?p=47462 2026-04-28T12:25:04Z 2026-04-28T12:25:04Z Your shared social media channel just crossed 100,000 subscribers. Your brand sponsorships bring in steady monthly income. But what happens to all of that when your marriage ends?  In Indiana, your monetized social media accounts are not just digital profiles. They are valuable assets and courts treat them accordingly. Therefore, knowing how Indiana law handles these accounts can help you prepare for what comes next.

Social media accounts as marital property

Indiana follows the ‘one-pot rule’. This means the court considers nearly all assets acquired during the marriage as marital property, regardless of whose name is on the account. If you and your spouse built a following together or if only one of you managed the account, Indiana courts can divide the income it generated. That includes ad revenue, sponsorships and any other earnings tied to your account. But before courts can divide your account, though, they need to assign it a value.

How courts determine what your account is worth

Before a court can divide your account, it needs a dollar figure to work with. Professional valuators usually use two key methods to assess what your monetized account is actually worth. They typically examine the following:
  • Direct income: Valuators often review your ad revenue, sponsorships and affiliate link earnings to calculate how much money the account actively generates.
  • Goodwill: Valuators also assess the value of your brand or personal persona, including your audience loyalty, follower count and overall influence.
Together, these two figures give the court a complete picture of your account's value. Once valuators establish that number, you can begin exploring your options for dividing it.

Three ways to split a monetized account:

When your account has an established value, the next step is deciding how to split it. There are three common approaches courts use to divide a monetized social media account. Each option works differently depending on your situation:
  • Buyout: One spouse keeps the account and pays the other their share of its assessed value, allowing the account to stay active without interruption.
  • Offsetting assets: One spouse retains the account while the other receives a comparable asset of equal value, such as a greater share of home equity.
  • Sale: Both spouses agree to sell the account outright and divide the proceeds based on each party's share.
Each option carries different financial and practical implications for your future. Thus, knowing which path fits your circumstances is where the right legal guidance becomes essential.

Protect your digital assets during divorce

Dividing a monetized social media account is rarely straightforward. The income you built, the brand you developed, and the audience you grew all carry real financial weight in an Indiana divorce. Every decision you make during this process can shape your financial future. This is why taking the time to fully understand your rights, your options and the true value of your digital assets puts you in a much stronger position to move forward with confidence.]]> On Behalf of Flood Family Law, LLC <![CDATA[Fault and finances: does fault affect spousal support?]]> https://www.floodfamilylaw.com/?p=47461 2026-03-31T14:03:47Z 2026-03-31T14:03:47Z Divorce can be both emotionally difficult and financially stressful. Many people wonder how alimony, also called spousal maintenance, will be decided and whether a spouse’s behavior during the marriage will affect the court’s decision. In Indiana, fault usually has little impact on financial support. While personal actions can affect the emotional side of a divorce, they rarely determine how spousal maintenance is awarded.

How Indiana approaches spousal maintenance

Indiana courts focus on fairness and financial realities rather than blame. Judges examine each spouse’s income, property and ability to earn a living. Long-term support is uncommon. Instead, maintenance is usually temporary or limited to situations where one spouse needs help to regain stability. Fault, including adultery, typically does not influence a court’s decision. Courts aim to create outcomes that allow both spouses to move forward without undue hardship. They do not try to punish one party or reward the other. Instead, the focus is on practical financial needs.

When spousal maintenance may apply

Although fault matters little, maintenance may still be awarded in certain situations. Courts look at financial need and the ability to support oneself rather than who caused the marriage to end. Spousal maintenance may be considered when:
  • A spouse has a physical or mental condition that limits the ability to work
  • A spouse cannot meet reasonable living expenses with current income or property
  • A spouse needs support while completing education, training or job preparation
These factors reflect real financial concerns. Courts evaluate how support can help a spouse become self-sufficient over time. This approach reduces conflict and focuses on realistic solutions.

Finding stability after divorce

Divorce can reshape daily life, routines and relationships. Even when courts focus on practical financial needs rather than fault, the emotional and financial impact can feel overwhelming. Taking the time to understand how spousal maintenance works can give you a sense of control, but it is equally important to approach the next chapter with care for yourself and your well-being. By seeking guidance from a qualified attorney, you can make informed decisions while protecting both your financial security and your peace of mind, creating a stronger foundation for the life that comes after divorce.]]> On Behalf of Flood Family Law, LLC <![CDATA[Is divorce mediation right for you? 4 questions to ask yourself]]> https://www.floodfamilylaw.com/?p=47460 2026-02-25T10:57:14Z 2026-02-25T10:57:14Z 1. Can you and your spouse talk without things breaking down? Mediation requires you to sit down with your spouse, sometimes more than once, and work through difficult decisions together. You do not have to be on good terms. However, you do need to hold a conversation without it becoming hostile. If your relationship involves a history of control or intimidation, a traditional divorce process often provides stronger formal protections, such as court orders. That said, Indiana mediation rules do include safeguards for these situations, including shuttle mediation, where you and your spouse remain in separate rooms throughout the process.

2. Do you have a clear picture of your shared finances?

Mediation works best when both spouses are transparent about assets and debts. If you understand what you own together, such as retirement accounts, real estate or business interests, you are in a much stronger position to negotiate fairly. If you suspect your spouse is hiding income or assets, choosing mediation does not mean giving up your right to full financial disclosure. Your attorney can still use court-sanctioned discovery tools during the mediation phase to ensure complete transparency.

3. Are both of you open to compromise?

Mediation is a give-and-take process. You may get what you want on one issue and need to be flexible on another. Both spouses must be willing to move off their opening positions for the process to work. If one spouse is using mediation as a delay tactic or refuses to negotiate in good faith, the process stalls. A mediator can guide the conversation, but the mediator cannot force a resolution.

4. Do you understand what you are agreeing to?

Once you and your spouse sign a mediation agreement, it functions as a binding contract. It is then submitted to the judge for final approval and incorporated into your divorce decree. That means the terms you agree to at the table carry real legal weight from the moment you sign. An attorney can help you understand how Indiana law applies to your specific situation. That includes child custody, asset division and the narrow circumstances under which Indiana courts award spousal maintenance. That guidance helps ensure you do not agree to terms that hurt you long-term.

What the right process actually looks like for you

When it works, mediation is faster, more private and less adversarial than a contested divorce. It can be especially valuable for parents who want to protect their children from conflict and build a workable co-parenting relationship going forward. Mediation is not a shortcut, though. It rewards preparation, honesty and a willingness to focus on the future rather than relitigating the past. An attorney who knows Indiana family law can help you decide whether mediation fits your situation or whether a different path will serve you better.]]> On Behalf of Flood Family Law, LLC <![CDATA[Parenting plans: Why parents may want to include virtual visitation terms]]> https://www.floodfamilylaw.com/?p=47455 2026-01-30T11:40:25Z 2026-01-30T11:40:25Z What is virtual visitation? Virtual visitation involves using video chat software or other electronic systems to interact with children who are with their other parent. Virtual visitation is a common inclusion in parenting plans for military families and for those who share custody across state lines. It can be equally beneficial for parents who live in the same state and see their children regularly. If the children spend an entire week with one parent during winter break or summer vacation, virtual visitation provides an opportunity for the other parent to check in and have face-to-face interactions with their children.

What rules are standard?

Typically, parents integrating provisions for virtual visitation into their custody orders establish guidelines. They may agree to a specific platform that they use for virtual visitation. Rules regarding the timing of calls, such as scheduling them in the evening after dinner but before bedtime, are standard. Parents may even impose limits on how long virtual visitation lasts to prevent it from interfering with the other parent’s time with the children. Sessions that last roughly an hour are usually adequate for maintaining the parent-child bond. Even shorter video chats can be enough to help the children feel cared for and connected. When children are young and emotionally vulnerable or when parents have longer parenting sessions, virtual visitation can be beneficial for the family. Adding the right terms to a parenting plan can help set a family up for success when parents share child custody. Virtual visitation rules can help parents stay connected to their children and avoid disputes about communications during one another's parenting time.]]> On Behalf of Flood Family Law, LLC <![CDATA[3 FAQ about child support in Indiana]]> https://www.floodfamilylaw.com/?p=47453 2026-02-20T23:48:43Z 2026-01-21T04:35:04Z What will happen if I get behind on my support payments? Since child support is a court order, you must honor your financial obligations for your child and send the payments as scheduled. When you stop sending payments, the court's standard response is to enter an income withholding order, in which it orders your employer to take a portion of your salary to pay your due child support amount. You may also lose your driver’s license, be reported to a credit bureau and/or have your tax refunds taken.

My son decided he wanted to live with me. Can I stop paying for child support?

If your son changed his primary residential parent without following the proper legal procedure, you need to notify the court as early as possible and request a modification of your custody and child support orders. You will need to submit the required forms and go through the standard legal proceedings to become the custodial parent so that your ex-spouse will be the one responsible for paying child support. However, there is no guarantee that you will be approved as the custodial parent; the court has the discretion to grant or deny this request.

My ex-spouse got a promotion. Can I request an increase in our child support costs?

Yes, if your ex-spouse’s income has increased, you may seek the court’s help in this matter. Support can be modified if it has been at least a year since the last modification and if the amount of support recommended would differ from the current amount by at least 20%. Other changes, such as an increase or decrease in your own income or child care costs, can affect this number. To begin the process, you need to file a petition for modification with the court that made your original child support order. Alternatively, if your ex-spouse amicably agrees to change your existing support amount, you may file a written agreement for the modification in court, accompanied by a child support obligation worksheet showing how the new child support amount was calculated.

Protecting what matters most

By proactively reading valuable resources online and seeking the guidance of legal counsel, you can gain better familiarity with Indiana’s child support processes and successfully seek the change that you are trying to pursue.]]> On Behalf of Flood Family Law, LLC <![CDATA[5 insights into how divorce mediation works]]> https://www.floodfamilylaw.com/?p=47452 2026-01-09T08:26:51Z 2026-01-09T08:26:51Z Divorce mediation often attracts couples who want a more respectful way to separate. Many people hope it will reduce stress, protect privacy and limit conflict. Mediation can offer those benefits, but only when couples understand what the process actually involves. It is not a shortcut or an emotional escape, but it is a guided legal process. Here are five key considerations to help couples understand how it works. 

1. Mediation focuses on problem-solving, not winning

Unlike litigation, mediation does not frame divorce as a contest with a winner and a loser. The process encourages both spouses to identify shared goals, such as financial stability or consistent parenting routines. This approach often helps couples make decisions based on long-term needs rather than short-term frustration.

2. Mediators guide discussion, not decisions

  A mediator keeps conversations organized and productive. They set the agenda and help manage conflict. However, mediators do not decide outcomes or give legal advice. The spouses remain responsible for every agreement they reach. This structure gives couples more control than a court ruling often allows.  

3. Honest preparation drives progress

Preparation plays a major role in mediation. Clear financial records, realistic goals and a willingness to share information often matter more than strong opinions. When both sides come prepared, sessions tend to move faster and feel less tense. Preparation can also reduce surprises that create conflict later.

4. Emotional moments still arise

Mediation does not remove emotion from divorce. Conversations about children, money or the family home can still feel painful. What mediation offers is structure. That structure helps couples work through hard topics without letting emotions take over the process.

5. Legal rules still apply

Mediation does not exist outside the law. Courts must review and approve final agreements. Judges pay close attention to custody and support terms to ensure they protect a child’s best interests. Mediation offers flexibility, but it still operates within clear legal limits. This process during divorce encourages cooperation while keeping legal realities firmly in view.

A constructive way forward

Divorce mediation can help you move forward with respect during a difficult transition. When you and your partner understand how the process works, you are better prepared to use it effectively. Speaking with a divorce attorney can provide legal guidance and help determine whether mediation is the right fit for your situation and long-term goals.]]> On Behalf of Flood Family Law, LLC <![CDATA[Will courts order alimony if both spouses are employed?]]> https://www.floodfamilylaw.com/?p=47451 2025-12-03T13:10:36Z 2025-12-03T13:10:36Z If you and your spouse both earn a living, you may assume that alimony (spousal maintenance in Indiana) is completely off the table. But in divorce, financial independence is not automatic. Simply being employed does not grant immunity from paying alimony, nor does it disqualify you from receiving it. Courts look far beyond the employment status line.

Not only for the unemployed

The main issue in spousal maintenance is not the existence of a job, but the disparity in income and earning capacity. Courts examine who has the higher earning capacity and who needs time to catch up financially. Two jobs often do not mean two equal incomes. One spouse may earn significantly less than the other, or may have sacrificed their career for the family's benefit, such as raising children or supporting the other spouse’s education. Judges will focus on balancing the financial results of the marriage. The goal is to ensure the lower-earning spouse can maintain a lifestyle reasonably similar to the one enjoyed during the marriage. This does not always mean equal amounts, but it does mean that a significant gap in income can trigger a support order.

Three specific criteria

If you live in Indiana, courts may authorize spousal maintenance in three specific situations:
  • Incapacity maintenance: One spouse is physically or mentally incapacitated, which materially affects their ability to support themselves.
  • Caregiver maintenance: One spouse lacks sufficient property to meet their needs and is the custodian of a child whose serious incapacity requires them to forgo employment.
  • Rehabilitative maintenance: One spouse needs support to become self-sufficient after interrupting their career for homemaking or childcare responsibilities.
Courts may order rehabilitative maintenance, even when both spouses work, if one person puts their career on hold for the sake of the family.

Proving a need for rehabilitative support

To decide on a rehabilitative award, judges consider several critical factors:
  • Educational history: The education level of each spouse at the time of the marriage and at the time the divorce begins.
  • Career interruption: Whether one spouse interrupted their education or employment to handle homemaking or childcare duties.
  • Earning capacity: The current and future earning potential of both spouses, including work experience and time out of the job market.
  • Time and expense: The time and money necessary for the spouse to get the training or education needed for appropriate work.
This documentation can help show how your role in the marriage affected your current income potential compared to your spouse’s. If awarded, this type of support cannot exceed three years from the date of the divorce decree.

Never go at it alone

Your financial stability deserves protection, your contributions to the marriage deserve recognition and your future deserves proper planning. When divorce is looming and alimony is a potential point of contention, it is crucial to seek clarity before proceeding. The right advice at the right time often proves invaluable, while the wrong approach can cost years of financial security.]]> On Behalf of Flood Family Law, LLC <![CDATA[Will hospitals recognize LGBTQ+ parents during emergencies?]]> https://www.floodfamilylaw.com/?p=47450 2025-11-05T13:22:11Z 2025-11-05T13:15:38Z Your child needs emergency care. You rush into the hospital, completely focused on them. As an LGBTQ+ adoptive parent, you expect staff to instantly recognize your legal right to make medical decisions. Although the law gives you full parental rights, hospital policies may not reflect current legal standards. How can you secure your access and decision-making power during an emergency?

The power of your adoption decree

The adoption process itself establishes a powerful legal bond. A final adoption order grants you all the same rights and responsibilities as any biological parent. The U.S. Constitution guarantees all states recognize this order. Any hospital must legally accept your status as a parent and let you make medical decisions for your child.

Common challenges in hospital settings

Same-sex parents may encounter several recurring issues during medical emergencies:
  • Asking for more legal proof than they ask different-sex parents
  • Granting decision power to only one parent
  • Questioning parent access to treatment rooms
  • Holding back medical information from the non-biological parent
  • Confusion over insurance coverage if the non-biological parent is the holder
Hospitals operate under pressure and rely on quickly verifiable information during emergencies. However, you cannot afford to delay critical care for your child while administration verifies your parentage.

Essential legal documents to carry

To prepare your family for any medical emergency, consider gathering these documents
  • The official, certified adoption decree naming both parents
  • A HIPAA authorization form signed by both parents, allowing unrestricted access to medical records
  • An emergency medical consent form that clearly gives both parents power to approve treatment
  • A copy of the child’s birth certificate listing both parents
  • Medical power of attorney for the child, naming both parents as authorized agents
Many families create an emergency folder with these documents plus a letter explaining their legal family relationships. Digital copies stored on your phone provide backup access during emergencies. If the hospital refuses to acknowledge your parental authority despite this documentation, it may be time to enlist the help of a legal professional.

Seeking legal guidance

The goal is simple: You should focus on your child, not on proving your family’s validity. An experienced family law attorney can help you achieve that goal. Your attorney can assist you in creating a comprehensive emergency packet tailored to Indiana law. They can also advise you on how to finalize your family’s legal protections against any emergency.]]>