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COA reminds ex-spouse that turnips cannot bleed

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Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”   

The COA affirmed the trial court’s reduction in the amount of spousal maintenance in Christine Banks v. Timothy R. Banks, 45A03-1203-DR-96.

At the time Christine and Timothy Banks divorced in September 2000, the trial court determined that Christine was physically incapacitated and ordered Timothy to pay $500 per month to her as maintenance.

Timothy Banks filed a motion to modify and reduce his maintenance obligation in June 2011 because he was suffering from Crohn’s disease and unable to work. The trial court reduced his obligation to $40 per week or about $173.33 per month.

Christine Banks appealed, contending that under Indiana law, an award of incapacity spousal maintenance cannot be modified or reduced unless the incapacitated spouse’s health has improved. She stated there was no evidence that her health had improved since the time of the divorce.

The court noted this position is incorrect. Citing In re Trust Created Under Last Will and Testament of Mitchell, 875 N.E.2d 433, 435 (Ind. Ct. App. 2003), and Lowes v. Lowes, 650 N.E.2d 1171 (Ind. Ct. App. 1995), Judge Michael Barnes wrote the court has held that when determining whether there has been a substantial change in circumstances justifying modification of a spousal maintenance award, a trial court should consider the factors underlying the original award. These factors include the financial resources of the party seeking to continue maintenance and the ability of the spouse paying maintenance to meet his or her own needs.

“…where the obligor spouse’s reduction in income or deterioration in financial condition is the result of factors beyond his or her control, he or she should not be forced to continue paying maintenance at the level based on a higher income or better financial condition,” Barnes wrote. “One cannot bleed a turnip.”


 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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