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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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