Family Law

Ex-wife not entitled to half of pension earned after divorce

October 15, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a trial court did not impermissibly modify a property settlement agreement or decree, but simply clarified that the intent of the parties was to divide the marital property acquired during the marriage and before the final date of separation.
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IU Maurer to participate in national family mediation study

October 14, 2013
IL Staff
The Indiana University Maurer School of Law and IU’s Department of Psychological and Brain Sciences have been awarded a four-year, $763,686 grant from the National Institute of Justice to study safety concerns in family mediation.
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COA still finds supervised visitation argument moot

October 10, 2013
Jennifer Nelson
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
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Participation in travel soccer league supports modifying custody

October 9, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
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Guardian registry pilot to launch

October 9, 2013
Dave Stafford
Indiana soon could break new ground with the introduction of one of the nation’s first databases of guardians and their wards. The development is raising hopes for improved oversight of vulnerable populations along with concerns about their privacy.
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Attorney emerges as leader in international adoptions

October 9, 2013
Dan Human, IBJ Staff
Michele Jackson marched into an internship in 1999 hoping to deliver a swift blow to international injustices against women and children. The 24-year-old Indiana University law student didn’t realize how unpleasant the topics would be.
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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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Kohlhaas: Notable changes to Indiana’s Parenting Time Guidelines

July 17, 2013
Michael Kohlhaas points out notable changes to the Indiana Parenting Time Guidelines, including to school breaks.
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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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COA: Surrogate can not petition to disestablish maternity

July 11, 2013
Jennifer Nelson
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
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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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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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Appeals court affirms terminating mother’s parental rights

May 24, 2013
Jennifer Nelson
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
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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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COA affirms mom’s termination of rights despite ‘clean screen’ given to judge

May 7, 2013
Dave Stafford
An Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.
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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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COA reverses vacation of grandparent visitation

March 27, 2013
Jennifer Nelson
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
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COA affirms changing boy’s last name

March 21, 2013
Jennifer Nelson
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
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Justices take child support case

March 19, 2013
IL Staff
The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.
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Court affirms reduction of support ordered in another state

March 11, 2013
Dave Stafford
A court order reducing a father’s child support obligation from that set by a Pennsylvania court was affirmed Monday by the Indiana Court of Appeals.
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Justices remand for more proceedings on grandparent visitation order

March 7, 2013
Jennifer Nelson
After finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
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Amendment to law allows father to terminate child support

February 28, 2013
An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.
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Bills on magistrates; custody and visitation pass House

February 21, 2013
IL Staff
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
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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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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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