No abuse by trial court in modifying maintenance payment terms
The Indiana Court of Appeals held that a trial court did not abuse its discretion when it denied a man’s petition to revoke spousal maintenance.
Divorce
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COA: Wife is entitled to maintenance, larger amount of marital estate
The Indiana Court of Appeals has ordered a trial court to divvy up a marital estate with more than 50 percent of it going to the wife because she rebutted the presumption of an equal division.
Judges deny stepfather’s request to adopt children
A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.
Judges affirm ex-wife’s cut of lottery winnings
The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”
COA voids rehabilitation maintenance ordered after divorce
An ex-wife was not entitled to rehabilitation maintenance from her former husband that was approved after the dissolution of their marriage, a panel of the Indiana Court of Appeals ruled Tuesday.
Judges order more proceedings in property distribution after divorce
Citing inconsistencies and lack of information, the Indiana Court of Appeals ordered more proceedings to determine issues of spousal maintenance and distribution of the marital estate in a divorce case.
Court prevents mother from relocating to Hawaii with daughter
The Indiana Court of Appeals agreed with a trial court Wednesday that it is not in the best interests of a child to move to Hawaii with her mother and stepfather.
Lifeline Law expansion clears Senate committee
Indiana’s Lifeline Law that provides immunity for minors who report dangerous underage intoxication would expand to cover reporting of any medical crisis, sexual assault or crime if a bill that cleared a Senate committee Wednesday is enacted.
Judiciary committee to consider guardians being able to file for divorce
Tackling an issue that has appeared in the Court of Appeals twice in recent months, the Senate Judiciary Committee will hear legislation that would allow guardians to file for divorce on behalf incapacitated adults.
Untying the knot yourself
Couples forgoing legal counsel in divorce risk creating big messes the courts can’t clean up.
In monster-truck bankruptcy, courts errantly denied ex-wife’s claim
Federal Bankruptcy and District courts wrongly denied a woman’s claim against the estate of her ex-husband and business partner who owed her money after they divorced and unwound a monster-truck business for which she had lent money.
Gender change does not void Indiana marriage
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
Justices decline to apply dollar for dollar credit for Social Security retirement benefits
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
Order prohibiting boyfriend from spending time with children too broad
The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.
Ex-wife allowed to enter QDRO 20 years after divorce
In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may still be able to submit it.
Mother who was abused may be required to help fund father’s supervised visitation
The Indiana Court of Appeals has ruled that a domestic violence victim whose earnings since have increased may have to pay for supervised child-visitation services that the father is unable to afford.
Judges affirm man must pay $5,000 in attorney fees to ex-wife
An Allen County man was unsuccessful in his attempts to persuade the Indiana Court of Appeals to reverse the order he pay $5,000 in attorney fees to his ex-wife in litigation over their child’s contact with the ex-wife’s new husband.
Court properly declined to modify spousal maintenance agreement
An ex-wife must pay her husband $4,000 a month in spousal maintenance under an agreement she signed, the Indiana Court of Appeals held Tuesday, affirming a trial court’s decision to deny the woman’s request to modify the maintenance.
COA once again rules guardians have no authority to file for divorce
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
Ex-wife not entitled to half of pension earned after divorce
The Indiana Court of Appeals held Tuesday that a trial court did not impermissibly modify a property settlement agreement or decree, but simply clarified that the intent of the parties was to divide the marital property acquired during the marriage and before the final date of separation.