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COA voids rehabilitation maintenance ordered after divorce

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An ex-wife was not entitled to rehabilitation maintenance from her former husband that was approved after the dissolution of their marriage, a panel of the Indiana Court of Appeals ruled Tuesday.

“We conclude that the Indiana Code requires the trial court to make a maintenance determination at the time that the final dissolution decree is entered,” Judge Terry Crone wrote for the panel in Marjorie O. Lesley v. Robert T. Lesley, 79A02-1305-DR-472.

When the couple divorced, Tippecanoe Superior Judge Thomas H. Busch found that Marjorie Lesley didn’t present sufficient evidence to establish she was entitled to maintenance, but he indicated the court would revisit the issue after a determination of disability from the Social Security Administration. After SSA determined she was disabled, maintenance was granted with husband ordered to pay until their youngest child’s emancipation.

Husband and wife both appealed, with Marjorie arguing she was entitled to incapacity maintenance, and Robert claiming the court had no authority to re-evaluate its original decision not to grant maintenance.

“We further conclude that because the trial court found in the final dissolution decree that Wife failed to carry her burden to show that she was incapacitated, it did not have the authority to revisit the issue based upon a postdissolution decision from the SSA. Accordingly, we reverse the portion of the trial court’s order granting Wife maintenance and remand for further proceedings consistent with this opinion, including all necessary recalculations,” Crone wrote in an opinion joined by Judge Edward Najam.

“As a matter of law, the trial court could not retain authority to reevaluate, postpone, or defer that determination based on a subsequent decision from the SSA,” the majority wrote.

Judge John Baker concurred with a separate opinion, explaining that the trial court could have reserved its judgment on the maintenance issue and effected its intent by continuing the hearing at which the final order was issued until after SSA’s disability determination.   


 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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