ILNews

Court clarifies original ruling on spousal maintenance

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On rehearing, the Indiana Court of Appeals addressed the issue of an ex-husband’s ability to pay incapacity maintenance to his spouse, but affirmed its original opinion in all respects.

In Richard M. Clokey v. Penny M. Bosley Clokey, No. 84A01-1009-DR-450, Richard Clokey petitioned for rehearing following the appellate court’s Sept. 1 decision that the Vigo Superior Court hadn’t abused its discretion when it awarded his ex-wife, Penny Bosley Clokey, incapacity maintenance. The COA originally ruled that the trial court was within its discretion to determine that Richard had transferred and commingled funds from the marital pot to a trust that only he had access to. The appellate court also found the trial court didn’t abuse its discretion in ruling that Richard had dissipated funds when the court determined the appropriate distribution of the marital pot.

The COA granted the rehearing to clarify the issue of Richard’s ability to satisfy the maintenance obligation, which wasn’t directly addressed in the original opinion. The judges found the trial court clearly considered Richard’s earnings, and even though it did not state so explicitly, the trial court considered his sources of income and his ability to pay the maintenance award.

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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