Family Law
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.
MoreMom's contempt judgment affirmed in educational support dispute
July 3, 2012
Dave StaffordThe Indiana Court of Appeals on Tuesday affirmed a trial court’s finding that a mother was in contempt for violating
a court order on educational support for her college-age daughter and that she pay a recalculated proportion of those costs
and the father’s attorney fees.
MoreAppellate judges affirm previous decision in paternity dispute
July 3, 2012
Dave StaffordA divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.
Supreme Court emancipation, support ruling draws sharp dissent
July 2, 2012
Dave StaffordA 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward
her education resulted in a tough dissent from two veteran justices.
MoreCOA: mentally handicapped parents not immune from termination proceedings
June 29, 2012
Jennifer NelsonThe Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination
of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t
be removed from her care because of her mental faculties.
MoreAppeal affirms denial of emancipation; includes mother in support
June 15, 2012
Dave StaffordThe Indiana Court of Appeals affirmed a Floyd Superior Court ruling denying emancipation of a 19-year-old, but sent the case
back to the trial court for recalculation of her support payments to include her mother as well as her father.
MoreTrial court erred in modifying custody in favor of father
March 30, 2012
Jennifer NelsonA trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating
with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling
virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.
MoreAppellate judges disagree about dismissal of paternity petition
March 29, 2012
Jenny MontgomeryThe Indiana Court of Appeals affirmed a trial court in dismissing a paternity petition, but one judge dissented, saying the
ruling now leaves the child with no legally recognized father.
MoreJudges affirm change in custody
March 19, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son,
finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation
constituted a substantial change warranting the change in custody.
MoreJudges reverse adoption completed while mother was out of state
March 14, 2012
Jennifer NelsonThe Indiana Court of Appeals has reversed the grant of an adoption petition by a child’s paternal grandparents, finding
the matter was surrounded by irregular and fraudulent circumstances.
MoreWomen's Bench Bar Retreat to host COA
February 27, 2012
IL StaffThe Court of Appeals of Indiana will hear oral argument in In RE: The Paternity of K.S. at noon March 2, at Culver
Cove Resort & Conference Center.
MoreNonsupport of dependent enhancement not based on number of children
February 17, 2012
Jennifer NelsonThe Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent
child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of
how many children the parent has.
MoreOn rehearing, COA affirms original opinion
February 14, 2012
Jenny MontgomeryOn petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden
upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is
obliged to come forward with evidence.
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.
MoreCourt does not have subject matter jurisdiction over child support
February 8, 2012
Jennifer NelsonIn addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support
previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the
“somewhat absurd result in this case.”
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.
MoreBill would change child support statute
January 18, 2012
Jenny MontgomerySenate Bill 18 could reduce arrearages.
MoreDCS recognized with national award
January 11, 2012
IL StaffThe Indiana Department of Child Services has won one of four Casey Family Programs “Excellence in Leadership”
awards for 2011. The award is given to those involved in child welfare who work to improve the lives of children and families.
MoreJudges examine double jeopardy issues in child support case
January 6, 2012
Michael HoskinsThe Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.
Supreme Court gives $160,000 for family court projects
December 28, 2011
IL StaffSixteen Indiana counties will share $160,000 in grant money from the Indiana Supreme Court to support their local family court
projects.
MoreNotre Dame to organize workshop on families and the law
December 21, 2011
IL StaffThe University of Notre Dame has been chosen as the U.S. partner in a British initiative that involves an international network
considering the intersection of families and the state from interdisciplinary and comparative perspectives.
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.
MoreAppellate court tackles child support issues
October 12, 2011
Jennifer NelsonIn three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of
Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could
have their support obligations modified.
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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...