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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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