Divorce
Court 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.
MoreMother's actions support contempt finding
April 17, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against
her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney
fees to the father, but reversed a 10-day sentence imposed for future violations.
MoreJustices rule for first time on FEGLIA preemption issue
March 14, 2012
Jennifer NelsonIn a dispute between two ex-wives over the life insurance policy of their deceased husband, the Indiana Supreme Court has
ordered the trial court determine how much money each woman is entitled to.
MoreMother's prior statement undermines argument on appeal
February 14, 2012
Jenny MontgomeryA mother who appealed a court’s order acknowledging that her ex-husband is the father of her child cannot prove that
the court abused its discretion.
MoreComment sought on proposed changes to parenting time guidelines
February 8, 2012
IL StaffThe Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time
guidelines, which includes parenting coordination guidelines.
MoreCollaborative divorce offers closure for clients, demands less attorney time
January 18, 2012
Jenny MontgomeryAttorneys say collaborative divorce works for clients who hope to avoid the courtroom.
MoreCourt clarifies original ruling on spousal maintenance
December 13, 2011
Jennifer NelsonOn 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.
MoreHusband allowed to petition for survivor's allowance
December 7, 2011
Jennifer NelsonEven though a wife had filed for divorce from her husband at the time she was killed, the husband is still allowed to petition
for survivor’s allowance, the Indiana Court of Appeals affirmed Wednesday.
MoreAppellate court finds mother wasn't in contempt
November 9, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting
her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did
agree with the trial court that the mom should have to pay for another flight to visit the father.
MoreJudges extend due process safeguards regarding interpreters to civil cases
October 4, 2011
Jennifer NelsonA trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter
in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
MoreProposed rules provide uniformity for parenting coordinators
May 25, 2011
Jennifer NelsonThe use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority
of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that
would regulate the role and authority of PCs.
MoreJudges order modification of dissolution decree
May 5, 2011
Jennifer NelsonThe Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in
value of a property when calculating marital assets and distributing marital property.
MoreCommittees propose new rules for parenting coordination
April 26, 2011
Jennifer NelsonThe Domestic Relations Committee and Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed
proposed parenting coordination rules and commentary. Parenting coordinators are used to help resolve disputes between parents
regarding children. Currently, there are no existing Indiana Supreme Court rules covering the area.
MoreOpen house Thursday for court agency office
April 20, 2011
IL StaffThe Domestic Relations Counseling Bureau is holding an open house Thursday for its new offices in the City-County Building
in downtown Indianapolis. The 40-year-old court agency provides recommendations to the court for custody and visitation.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreCOA: Summons should notify of risk of default judgment
February 24, 2011
Jennifer NelsonDue process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or
otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution,
ruling it was void because the summons served on the wife was insufficient.
MoreJustices adopt COA adoption holding, invite attorney fee motions
February 17, 2011
Michael HoskinsThe Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s
intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney
fees because of what it found to be possible frivolous or bad faith efforts.
MoreJustices uphold modification of physical custody to father
February 8, 2011
Jennifer NelsonA majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s
decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to
support the modification.
MoreJudges reverse support modification for lack of jurisdiction
November 22, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because
jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely
troubling.”
MoreDiversity issues affect family law
November 10, 2010
Rebecca BerfangerWhile family law cases can be complicated – especially if children are involved and a case has ended up in front of
a judge after the parties couldn’t come to an agreement on their own through mediation – the issues only get more
complicated when fundamental differences exist between the parties.
MoreJuvenile's records not protected by counselor/client privilege
October 20, 2010
Jennifer NelsonThe Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling
records during a custody modification hearing, the Indiana Court of Appeals ruled today.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.