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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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