ILNews

Testy divorce remanded for recalculation

Back to TopCommentsE-mailPrintBookmark and Share

A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.

“Discovery in this case was complex and contentious,” Judge Terry Crone wrote for a panel of the Indiana Court of Appeals that on Thursday issued a 31-page opinion in Lisa A. Birkhimer v. Neil S. Birkhimer, 29A02-1111-DR-1058. Lisa Birkhimer had business interests whose values were estimated in divorce proceedings at $2.78 million by her appraisers and $3.55 million by her husband’s evaluations.

The court awarded the business assets to Lisa Birkhimer and gave her 67 percent of the marital estate. To effect the division, she was ordered to pay more than $870,000 in equal monthly payments over 10 years with interest, plus a portion of her ex-husband’s legal fees. Neil Birkhimer also was to receive child support payments for their two children for whom the couple shared custody.

The COA remanded the case and ordered the Hamilton Superior Court to:

  • Include Lisa Birkhimer’s $580,000 debt to her father in setting forth the marital assets, and either recalculate the 33/67 percent split or adjust the percentages if the court determines that a different division is just and reasonable;
  • Recalculate Lisa Birkhimer’s income for child support purposes. If a deduction is made for her taxes, the deduction should not exceed 100% of her taxes. The court shall enter written findings to support any deviations from the Child Support Guidelines;.
  • Complete a new child support obligation worksheet using Lisa Birkhimer’s recalculated income and applying the parenting time credit to Neil Birkhimer; and.
  • Correct or clarify attorneys fees awarded to Neil Birkhimer as directed.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT