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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. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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