Divorce

Mom’s progress leads court to reverse termination

August 13, 2012
Dave Stafford
A 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.
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Attorney suspended for taking client’s children from school for hours

August 13, 2012
Dave Stafford
A 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.
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Court of Appeals orders trial court to re-evaluate child support order

August 9, 2012
Jennifer Nelson
The 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.
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Justices: Ex-wife must agree to lower sales price

July 31, 2012
Jennifer Nelson
The 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.
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Appeals court upholds, tweaks division of IRA in divorce

July 5, 2012
Dave Stafford
A 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.
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Judges find no error in division of marital assets

June 26, 2012
Jennifer Nelson
The 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.
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Trial court erred in excluding evidence of mediation communications

June 13, 2012
Jennifer Nelson
Even 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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Mother's actions support contempt finding

April 17, 2012
Jennifer Nelson
The 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.
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Justices rule for first time on FEGLIA preemption issue

March 14, 2012
Jennifer Nelson
In 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.
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Mother's prior statement undermines argument on appeal

February 14, 2012
Jenny Montgomery
A 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.
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Comment sought on proposed changes to parenting time guidelines

February 8, 2012
IL Staff
The Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time guidelines, which includes parenting coordination guidelines.
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Collaborative divorce offers closure for clients, demands less attorney time

January 18, 2012
Jenny Montgomery
Attorneys say collaborative divorce works for clients who hope to avoid the courtroom.
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Court clarifies original ruling on spousal maintenance

December 13, 2011
Jennifer Nelson
On 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.
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Husband allowed to petition for survivor's allowance

December 7, 2011
Jennifer Nelson
Even 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.
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Appellate court finds mother wasn't in contempt

November 9, 2011
Jennifer Nelson
The 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.
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Judges extend due process safeguards regarding interpreters to civil cases

October 4, 2011
Jennifer Nelson
A 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.
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Proposed rules provide uniformity for parenting coordinators

May 25, 2011
Jennifer Nelson
The 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.
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Judges order modification of dissolution decree

May 5, 2011
Jennifer Nelson
The 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.
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Committees propose new rules for parenting coordination

April 26, 2011
Jennifer Nelson
The 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.
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Open house Thursday for court agency office

April 20, 2011
IL Staff
The 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.
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Judges split on child support modification

March 25, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism over fairness and legalism over common sense.”
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COA: Summons should notify of risk of default judgment

February 24, 2011
Jennifer Nelson
Due 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.
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Justices adopt COA adoption holding, invite attorney fee motions

February 17, 2011
Michael Hoskins
The 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.
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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A 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.
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Judges reverse support modification for lack of jurisdiction

November 22, 2010
Jennifer Nelson
The 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.”
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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