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Testy divorce remanded for recalculation

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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.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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