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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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