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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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  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

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