Divorce

Justices: Child support agreement must apply changing guidelines

September 26, 2013
Dave Stafford
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
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Protective order reversed for lack of evidence

September 19, 2013
Dave Stafford
A divorcing woman’s protective order against her soon-to-be ex-husband was not supported by evidence, an appeals panel ruled Thursday in reversing the trial court’s order.
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Parental liability as co-signers on kids’ school loans subject to divorce decree

September 12, 2013
Dave Stafford
Student loan liabilities of parents who co-signed for their two children should have been a consideration in dividing property in a divorce proceeding, the Indiana Court of Appeals ruled Thursday.
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Mother may petition for college expenses for emancipated children

August 22, 2013
Marilyn Odendahl
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
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Appeals panel affirms sole custody for mother moving to China

August 15, 2013
Dave Stafford
A father lost his appeal Thursday of a trial court ruling granting sole custody to the mother of the divorced couple’s child, who will move with her to China for three years.
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Dissolution of same-sex marriages a legal puzzle for lawyers, judges

July 17, 2013
Dave Stafford
Indiana statute makes clear the state’s position on same-sex marriage, but it also leaves murky the rights of Hoosier couples who, despite the law, are legally married.
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Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013
Jennifer Nelson
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
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Justices slam agreement to no parenting time, no child support

June 26, 2013
Jennifer Nelson
The Indiana Supreme Court had harsh words Tuesday for parents and attorneys who enter into agreements that stipulate giving up parenting time in lieu of paying child support. There must be extraordinary circumstances to justify denying parenting time.
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Conour still free though judge ‘deeply, deeply concerned’

June 13, 2013
Dave Stafford
Former leading personal-injury attorney William Conour remained free Thursday pending his wire fraud trial after a federal judge withheld ruling on the government’s bid to revoke his bond on claims that he dissipated assets against court orders.
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Ex-wife not required to pay attorney fees under FDCPA

May 29, 2013
Jennifer Nelson
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
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Against court orders, Conour auctioned art for $10k

May 28, 2013
Dave Stafford
Former personal injury attorney William Conour claims his ex-wife is in possession of most of the items the government says are missing from his Carmel home, but he acknowledged auctioning sculptures for $10,000 in an apparent violation of bond conditions in his federal wire fraud case.
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COA: Mother should have challenged income evidence at trial

May 24, 2013
Jennifer Nelson
A mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
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Court affirms giving father custody after mother denies parenting time

May 24, 2013
Jennifer Nelson
A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
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Lawyers’ divorce battle divides COA on joint custody ruling

April 30, 2013
Dave Stafford
A 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.
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Child support case presents issue of first impression

April 26, 2013
Jennifer Nelson
The 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.
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401(k) contributions are income for child support calculation

February 28, 2013
Jennifer Nelson
The 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.
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Trouble with the Curves: Ex-husband still owes for franchise’s default

February 26, 2013
Dave Stafford
A 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.
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Husband’s settlement proceeds should be included in marital pot

January 31, 2013
Jennifer Nelson
The 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.
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COA affirms man’s conviction of intimidating Dearborn County judge

January 17, 2013
Jennifer Nelson
A 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.
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COA upholds mother’s relocation to Illinois

January 17, 2013
Jennifer Nelson
A 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.
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Justices adopt changes to parenting time guidelines

January 10, 2013
IL Staff
The 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.
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Court cites fishy documents in reversing support order

December 28, 2012
Dave Stafford
A 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.
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Testy divorce remanded for recalculation

December 27, 2012
Dave Stafford
A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
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Conour court filings reveal lavish lifestyle

December 19, 2012
Dave Stafford
The ex-attorney is still without counsel in his wire fraud case and is proceeding pro se in his divorce and foreclosure cases.
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COA reminds ex-spouse that turnips cannot bleed

December 14, 2012
Marilyn Odendahl
Calling 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.”  
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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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