Since 1995, Kirk S. Freeman has been providing the clients of Lafayette, IN, and the surrounding communities with impeccable service. He believes in providing services of the highest quality and best value, within the means of all. He specializes in criminal defense, divorce, and administrative law. Call Kirk S. Freeman today to schedule an appointment!
The State of Indiana has adopted the Indiana Child Support Guidelines to assist courts in making determinations of child support. These guidelines are rebuttable, meaning that the amount paid in child support may deviate from the guidelines so long as the court and parties involved agree.
Child Custody and Visitation
Issues concerning child custody are some of the most common problems that arise in the area of family law. Whether you’ve been through a divorce or are no longer in a relationship with the other parent of your children, our office has experience handling complex child custody issues.
Adoption
Paternity
Issues concerning visitation and parenting time are governed by the Indiana Parenting Time Guidelines and Indiana child custody laws. These issues arise for a multitude of reasons, most notably after a divorce, separation, paternity actions, or a substantial change in circumstances.
Premarital Agreement
Whether a property interest is subject to division by the court in a dissolution action depends on whether or not the property is subject to the “martial pot” or excluded by a valid premarital agreement. Indiana follows what is known as the “one pot” theory of marital property. This means that all property acquired during the marriage and all property brought into the marriage not excluded by a valid premarital agreement is subject to distribution by the court. In Indiana, the law presumes a 50/50 split of the marital assets, however, this is a rebuttable presumption. A court will examine whether or not the distribution of the martial assets is just and reasonable. Considerations include: the contribution of each spouse to the acquisition of the property, the extent to which the property was acquired, the economic circumstances of each spouse, the conduct of the parties during the marriage, and the earning ability of the parties involved.
Guardianship
Spousal Support
The State of Indiana does not award alimony, however, Indiana does have a statute for spousal maintenance. This maintenance can typically only be awarded up to three (3) years pending a final dissolution. In certain circumstances, temporary spousal maintenance may be awarded while a dissolution is pending. Spousal maintenance may be awarded if a spouse is physically or mentally incapacitated and his or her ability to care and support themselves is materially affected. Maintenance may also be awarded if a spouse is the custodian of a child whose physical or mental incapacity requires the spouse to forego employment and care for the incapacitated child. Maintenance may be awarded in these circumstances by a court in an amount a court believes is appropriate.
Legal Separation
Child support orders may be issued in any of the following causes: order entered after a party successfully petitions for child support, dissolution of marriage, legal separation, and paternity. Child support is calculated using weekly gross income. Child support orders may require either or both parents to pay an amount reasonable for support of a minor child. When awarding child support, a court will typically consider the following factors: the financial resources of each parent, the standard of living the child would have enjoyed had the parents remained together, and any physical or mental condition that may require financial support from the non-custodial parent and educational needs of the minor child.
He worked for a firm in the western suburbs of Indianapolis and then became a Deputy Prosecuting Attorney in Tippecanoe County, Indiana until December of 1999. He then worked for a year in Frankfort, Indiana before returning to Lafayette to open his own practice on January 2, 2001, in family, administrative, and criminal law.
DUI/DWI
The proliferation of ride-sharing computer applications and growing awareness of the danger of drunk driving, it is heartening to see drunk driving dwindle, however it still transpires and can leave one upset and concerned. We at the Law Office of Kirk Freeman understand that this offense happens across the strata of society and have been handling Operating While Intoxicated (OWIs here, other states know them as DUIs) for many years for our clients through many changes in Indiana law.
Wrongful Death
Sex Crimes
In 1970, the Controlled Substances Act of 1970* was signed into law and became Title II of the CDAPCA of 1970 which created scheduling, or categories of controlled substances in ascending order of addiction and harm. Indiana’s scheme is a copy of the federal scheduling of drugs pursuant to the Uniform Controlled Substances Act which the Department of Justice encouraged the states to pass. Recently, the Controlled Substances Act of 1970 was in the news as it was updated to include the “date rape drug,” GHB.
Misdemeanors
A criminal past can cause problems in your future endeavors. Contact us today to see if you’re eligible to have your criminal record expunged in the State of Indiana. We have experience expunging everything from minor misdemeanor charges to more serious felony convictions. Through the process of expungement, your past criminal record can be sealed in the State of Indiana allowing you to move forward without the fear of discrimination due to a criminal past.
Drug Crimes
*Note the Controlled Substances Act of 1970 set up a study commission which became known as the Shafer Commission after the chairman. Congressman Shafer in his report from the commission recommended legalizing Marijuana possession as its criminalization undermined the enforcement of the rest of the Controlled Substances Act.
In order to succeed in a premises liability case, a plaintiff must prove that (1) the defendant owned, operated, or leased the property, (2) the defendant was negligent in his use of the property or failed to maintain the property, (3) the plaintiff was harmed, (4) the defendant’s negligence was the primary contributing factor to the plaintiff’s harm.
Being involved in a motor vehicle accident can be extremely traumatizing for all parties involved. Many personal injury claims arise from car accidents, where through the negligence of another, a person is injured. Recovery from these accidents can be very strenuous on the injured party, requiring months and sometimes years of rehabilitation. The financial hardship that often results from these injuries can have lingering effects for years, which is why it is extremely important to have attorneys on your side who will protect your best interests and fight for the compensation you deserve.
Auto Accidents
Dog Bites
Premises liability often refers to the liability a property owner may face due to an accident that occurred on their property. Both owners of a private residence and businesses open to the public can face such liability when an accident occurs due to their negligence to maintain a safe premises. The typical premises liability case involves issues relating to, but not limited to slip and falls, grocery/retail store accidents, swimming pool accidents, playground accidents, restaurant accidents, snow and ice accidents, inadequate maintenance of a premises, and dog bites.