Agape Legal

04/15/2024

Hello to my wonderful clients, friends, and family!

We are finally back in action. The sun is shining today and it is almost summer! It's time for an Agape update! I know it has been several months since the last blog post or update. As many of you know my brother, Evan, passed away unexpectedly last summer. While my practice continued on, I just couldn't bring myself to be present on social media like before. I also had surgery in February and it has taken many weeks to recover.

My practice has almost fully transitioned to estate planning and asset protection. I received so many requests for these services last summer and into fall; it became clear this is a real need in our community. I am still available to answer family law related questions, or I am happy to draft and file paperwork for uncontested matters.

We have also become a fully virtual and mobile firm. We are happy to meet clients in their homes, their offices, via Zoom or FaceTime, or simply over the phone. I am also happy to make evening appointments.

**KY Licensure**
After Evan's passing, my endeavor to obtain my KY Bar License was put on hold. I have now restarted that process and will soon be able to take on KY clients.

I am thankful for everyone's support over the last year!

07/11/2023

Paternity Affidavits

Today's topic is the infamous paternity affidavit and why they can be so frustrating if you don't read the fine print.

When an u***d couple has a child in the State of Indiana, a paternity affidavit must be completed at the hospital to 1)establish paternity and 2)establish an agreement on joint custody of the child.

HOWEVER....there is one small, albeit consequential, caveat that so many parents miss.

If you complete the agreement to establish joint custody of the child, the named father MUST complete a DNA test within 60 days of the executed affidavit and submit the results from an accredited laboratory. If he does not complete the requisite DNA test, the agreement to establish joint custody is VOID. Paternity is still established, but the named father no longer shares joint custody over the child unless he petitions the court for an order saying otherwise.

To avoid unnecessary expense and frustration it's so important to read the paternity affidavit in its entirety and ask any pertinent questions prior to signing. There may even be some hospitals willing to perform the requisite DNA testing while the child is still admitted after birth.

07/05/2023

TIME FOR AN AGAPE UPDATE!!

I have officially received my notary commission from the State of IN, and I am now taking appointments for notarial services. You do not need to have a legal issue or retain me for legal services to schedule a notarial services appointment with me. Call the office today to schedule!

**Remember, if you need documents notarized be sure to bring your photo I.D. with you!

WHERE ARE ALL MY KY PEEPS!!!???

I've officially begun the process of obtaining my KY bar license. It will take a few months, but Agape Legal will be able to offer legal services to all KY residents VERY SOON! 😍

We look forward to continue serving our amazing clients and expanding our practice to serve even more!

07/04/2023

Yeehaw! Happy Independence Day from Agape Legal! 🇺🇸

06/12/2023

Loving Day

Loving Day is celebrated on June 12th and commemorates the monumental love story of Richard and Mildred Loving that resulted in the landmark Supreme Court case that wiped away the last segregation laws in America.

Richard and Mildred Loving were an in*******al couple living in Virginia in the 1950s. In 1958, the couple was jolted from their bed by local police and arrested for violating the Racial Integrity Act of 1924 which banned in*******al marriage.

Mildred, in all her bravery, wrote to Robert F. Kennedy who then referred her to the ACLU. The Loving's case went all the way to the Supreme Court where the judges ruled unanimously in their favor, effectively abolishing the ban against in*******al marriage.

Here at Agape Legal we celebrate Loving Day today and every day. ❤️

Pictured: Mildred and Richard Loving and Agape Legal attorney, Samantha Banks and her husband Skylar.

05/30/2023

Child Support and Deviation from The Guidelines

Child support can be such a point of contention between co-parents, but it is always a necessary topic of conversation when children are involved in family law matters. The Indiana Child Support Rules and Guidelines are your friend and are the framework with which the Court will determine appropriate child support. The Guidelines use an income shares model that takes into consideration the gross income of each parent, work-related expenses, number of overnights, and the number of children. It's important to remember that child support is the CHILD's right, and is based on the premise that children should receive the same proportion of parental income after a dissolution that they would have received if the family had remained intact.

Although the Guidelines use a pretty strict formula for calculating child support, they are not immutable. There is room for flexibility and a deviation from adhering strictly to the Guidelines when doing so would create an unreasonable, unjust, or inappropriate result. A Judge may choose to deviate from the proposed child support worksheet, or the Parties may agree to deviate. Either way, a finding must be made articulating the reasoning for deviation. Reasons for a deviation may include significant travel on the part of one parent, providing support for an elderly parent, receiving regular spousal support pursuant to a settlement agreement, etc.

Here at Agape Legal we are experienced with child support matters and the Guidelines. Whether you are wanting to initiate child support proceedings or are considering a modification, we are happy to walk you through the process.

05/16/2023

Informal Settlement and Divorce

Did you know that about 95% of divorce cases settle outside of court? That's quite the statistic! Here in Indiana, a court will almost always require mediation prior to a final hearing. They want to see the parties give a good faith effort to resolving their issues before bringing them before the judge. However, there is also a significant cost to mediation. In addition to paying attorney fees, the parties will also be required to pay the mediator's fees. This can add up quickly, especially if mediation continues for longer than expected. We've seen mediation last as long as 11 hours! 😳

There is a silver lining! Parties ordered to mediate aren't prevented from continued negotiations. This allows attorneys to communicate back and forth in order to come to a more informal resolution. Most of the time a final settlement is reached before mediation, and the parties (and their wallets!) are spared. Assuming the statutory 60 day "cooling off" period is expired, the final settlement agreement can be filed with the court the same day the parties agree and sign. This means no extra mediation fees and no hearings in the courtroom.

Here at Agape Legal we have experience with successful informal negotiations and settlement in a range of family law matters including divorce, child support, custody, and parenting time. Let us do the negotiating for you and help you resolve your issues quickly, amicably, and wallet-friendly.

05/10/2023

Something big happened at Agape Legal last week and now I can FINALLY share!

We were chosen for an interview with the Indiana Lawyer for their May 10th issue focusing on solo and small firms! Not only was I able to speak to the amazing mentorship and experience I received when working for a smaller firm (as opposed to a large firm), I had the opportunity to explain why I decided to start Agape Legal in the first place. See the article below!

05/08/2023

The QDRO Nightmare

What is a QDRO anyway? A QDRO, or Qualified Domestic Relations Order, is a court order that creates or recognizes an "alternate payee's" right to receive all or some portion of the benefits payable to a participant in a retirement plan. This is a requirement when assets like a 401(k) or pension plan are split during a divorce.

QDRO's are notoriously complicated and frustrating, because different Plan Administrators tend to have different requirements for both the format of and content within the QDRO in addition to the basic requirements under ERISA (Employee Retirement Income Security Act of 1974). It's also important to recognize that even when a Plan Administrator accepts a QDRO, it still can take 3-6 months for the transfer to be complete AND the benefits are still subject to taxation if the money is withdrawn early.

Most of the time a QDRO is completed by the attorney as part of the divorce proceedings for retained clients, but those that handle their divorce pro se find the QDRO process daunting, frustrating, and downright confusing.

Let Agape Legal help save you from the QDRO nightmare! We can ensure your QDRO is done accurately and efficiently for a smoother transition post divorce.

05/03/2023

Something big is happening this morning at Agape Legal! Stay tuned!

05/01/2023

Update!

The Agape Legal website is now live! Please share with everyone you know!

Samantha M. Banks is an attorney representing clients in the State of Indiana where she focuses her practice in family law, adoption, and estate planning. In 2023 she also joined Baldwin Legal* as of counsel, practicing in estate administration and litigation. She is admitted to the Northern and Sou...

05/01/2023

Intestacy

Passing away intestate (without a will) not only takes the decision making power out of your hands, but it also almost always results in expensive litigation. Many times we see celebrities pass without a will....remember the Prince fiasco? Most recently we see the State of California deciding the fate of the many assets left behind after Stephen "tWitch" Boss died without having any will or other estate planning documents in place. Not only did his wife, Allison, have to prove to a state court that she was actually his wife, but she only got half of his estate.

If you don't take the time to make your wishes after death known through a will, then the state will have no problem doing it for you. Don't give Uncle Sam that much power. I guarantee you won't be happy with their decision. Make the investment and plan properly to safeguard your family's future.

https://www.eonline.com/news/1372903/future-of-stephen-twitch-boss-estate-is-determined-after-he-died-without-a-will #:~:text=Per%20court%20documents%20obtained%20by,Dec.%2013%20without%20a%20will.