Divorce
Lawyers’ divorce battle divides COA on joint custody ruling
April 30, 2013
Dave StaffordA lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed
Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’
daughter.
MoreChild support case presents issue of first impression
April 26, 2013
Jennifer NelsonThe Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced
for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and
on that basis refused to enter an educational support order.
More401(k) contributions are income for child support calculation
February 28, 2013
Jennifer NelsonThe Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage
may be included as income for purposes as determining child support.
MoreTrouble with the Curves: Ex-husband still owes for franchise’s default
February 26, 2013
Dave StaffordA couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment
on rent payments for a health club that his former wife continued to run.
MoreHusband’s settlement proceeds should be included in marital pot
January 31, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds
from an action against his former employer as a marital asset when he and his wife divorced.
MoreCOA affirms man’s conviction of intimidating Dearborn County judge
January 17, 2013
Jennifer NelsonA Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the
judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals
Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and
the judge’s wife could not stand.
MoreCOA upholds mother’s relocation to Illinois
January 17, 2013
Jennifer NelsonA trial court’s decision to allow a mother and her two children to move to Illinois after marrying her fiancé
was not an abuse of discretion by the court because the father didn’t show how the move would have a negative effect
on the children.
MoreJustices adopt changes to parenting time guidelines
January 10, 2013
IL StaffThe Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule
and guidelines. The amendments take effect March 1, 2013.
MoreCourt cites fishy documents in reversing support order
December 28, 2012
Dave StaffordA Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his
children’s mother, because Canadian court documents and other filings should not have been considered, the Court of
Appeals ruled.
MoreTesty divorce remanded for recalculation
December 27, 2012
Dave StaffordA divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
MoreConour court filings reveal lavish lifestyle
December 19, 2012
Dave StaffordThe ex-attorney is still without counsel in his wire fraud case and is proceeding pro se in his divorce and foreclosure cases.
MoreCOA reminds ex-spouse that turnips cannot bleed
December 14, 2012
Marilyn OdendahlCalling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease
in her spousal support and reminded her that “one cannot bleed a turnip.”
MoreDivided appeals court affirms denial of incapacity maintenance
December 14, 2012
Dave StaffordA woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge
that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
MoreCourt affirms man’s conviction of murder, feticide enhancement
November 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged
wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
MoreJustices: COA overreached on reversing trial court custody ruling
November 13, 2012
Dave StaffordThe Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father,
the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
MoreJudicial Conference moves parenting time guidelines forward, minus parenting coordination
September 19, 2012
IL StaffThe board of directors of the Indiana Judicial Conference approved proposed changes to the state’s parenting time guidelines
Sept. 14 and sent them to the Supreme Court for review. However, the guidelines were sent on without any suggestions on parenting
coordination.
MoreMan unable to prevent settlement agreement
August 27, 2012
Jennifer NelsonThe man who wanted to purchase a divorcing couple’s farm lacked a present interest in the real estate and couldn’t
prevent a settlement agreement between the couple, which led to the husband keeping the farm, the Indiana Court of Appeals
held.
MoreChange in emancipation law brings uncertainty
August 15, 2012
Marilyn OdendahlA difference in paternity and divorce language has attorneys questioning the Legislature's action regarding petitions for
educational support.
MoreMom’s progress leads court to reverse termination
August 13, 2012
Dave StaffordA Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana
Court of Appeals noted her progress in areas of concern to the Department of Child Services.
MoreAttorney suspended for taking client’s children from school for hours
August 13, 2012
Dave StaffordA Morgan County attorney who picked up children from school on behalf of their father, who she was representing, and drove
them around for several hours without notifying the custodial mother was suspended for six months.
MoreCourt of Appeals orders trial court to re-evaluate child support order
August 9, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated
the mother’s current income and made other errors.
MoreJustices: Ex-wife must agree to lower sales price
July 31, 2012
Jennifer NelsonThe Indiana Supreme Court unanimously held that a trial court had no authority to modify a property agreement made by ex-spouses
and that the ex-wife is entitled by law to refuse to waive a provision that neither party had to accept a sale that was below
specified minimums.
MoreAppeals court upholds, tweaks division of IRA in divorce
July 5, 2012
Dave StaffordA husband’s individual retirement account is a divisible asset in a divorce, the Indiana Court of Appeals ruled, but
it ordered the trial court to revise the award to reflect an equal division of both parties’ assets.
MoreJudges find no error in division of marital assets
June 26, 2012
Jennifer NelsonThe Indiana Court of Appeals upheld the equal division of marital assets of a divorcing LaPorte County couple but found the
trial court erred in its calculation of how much the ex-husband owes in child support.
MoreTrial court erred in excluding evidence of mediation communications
June 13, 2012
Jennifer NelsonEven though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement
agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana
Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can
be used as extrinsic evidence.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...