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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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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