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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 daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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