COA rules assets unfairly distributed in divorce
The Indiana Court of Appeals ruled Friday that a lower court erred in its distribution of assets and debts between a divorced Hendricks County couple.
Divorce
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Wife loses appeal of divorce rulings at COA
The Indiana Court of Appeals has affirmed the resolution of a lower court, despite an ex-wife’s claims that the trial court made multiple errors, in a divorce case on Tuesday.
COA affirms custody for mom in Hamilton County divorce dispute
Joint custody was not a good idea for a splitting Carmel family, the Indiana Court of Appeals concluded after finding that the arrangement would have been detrimental to the parties’ young child.
Soshnick: The mystery of rehabilitative maintenance in Indiana
Until Indiana rehabilitative maintenance law is refined, the underuse, misapplication and perplexing nature of that statute is almost certain to continue with no end in sight.
Advance Child Tax Credit fueling family law fights
On July 15, the federal government began giving parents advancements on their 2021 Child Tax Credit. For some divorced parents, the advance is causing confusion and fueling conflicts about who is entitled to the money.
Despite erroneous admission of mediation evidence, high court affirms stock award for ex-wife
Despite the erroneous admission of confidential evidence prepared in anticipation of a divorce mediation, the Indiana Supreme Court has upheld the award of half of a man’s stock to his now-ex-wife due to his breach of the divorce agreement. The high court ruled in the case that documents produced in anticipation of mediation are covered under settlement negotiation confidentiality requirements.
Angola lawyer reprimanded for not telling opposing counsel about deposition
An Angola lawyer who failed to inform a litigant’s lawyers that the litigant was asked to sit for a deposition has been publicly reprimanded by the Indiana Supreme Court.
Proposed parenting time revisions open for comments
The Domestic Relations Committee of the Indiana Judicial Conference is seeking feedback on proposed changes to Indiana’s Parenting Time Guidelines, including new guidelines on the concept of “shared parenting.”
COA reverses child’s name change, father’s child support obligation
The Indiana Court of Appeals has remanded a divorce dispute after finding that the trial court erred in legally changing a child’s name and in calculating the father’s child support obligation.
Ex-wife loses appeal in property, contempt dispute
A woman who sought to hold her ex-husband in contempt for failing to sell or refinance their family home has lost her appeal of the contempt denial, with the Indiana Court of Appeals noting the woman repeatedly “thwarted” the man’s attempts to comply with their dissolution agreement.
Web Exclusive: New pro bono mediation project resolves family law cases with less time, money
Two Indianapolis lawyers who had an idea to start a pro bono mediation service for family law cases were stunned by the reception from the local legal community, as more than 100 answered a call for volunteers. “It’s mind-blowing,” said one of the organizers of a program described as “blue jeans mediation.”
Appeals court orders second remand of divorce dispute
A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
Indianapolis man sentenced for threatening, sending dead rat to ex-wife
An Indianapolis man has been sentenced to four years and 10 months in federal prison for threatening his ex-wife over several years and mailing a dead rat to her Florida home. Prosecutors said the man had engaged in a four-year-long campaign of harassment against his ex-wife.
Soshnick: The income conundrum in Indiana divorce law
One of the perplexing areas of Indiana divorce law is “income.” At first blush, that vexation seems out of place. Upon closer inspection, the confusion is understandable. Why? The reason is that there frequently are disputes as to whether payments are income or property in divorce cases.
Makris: Review of notable Indiana property division cases in 2020
In 2020, the Indiana Court of Appeals issued three notable decisions relating to the division of property in dissolution of marriage cases. From the interpretation of asset appreciation in premarital agreements to the admissibility of mediation evidence in actions to avoid or enforce a settlement agreement, the following are three cases that provide valuable takeaways for family law practitioners.
‘It all starts with the family’
With a pending move to a new courthouse, Marion County Courts are launching a new family division that aims to follow a one family, one judge model.
Appeals panel splits on division of $1M retirement accounts in prenup dispute
A dispute over the terms of a prenuptial agreement has resulted in the division of part of a man’s nearly $1 million retirement accounts with his ex-wife. A dissenting judge, however, would not award the wife any portion of the retirement funds.
Down to business: Indiana Coalition Against Domestic Violence legal team helps survivor untangle from financial mess
A pro bono team of lawyers helped a grateful domestic violence survivor get untangled from a business her ex-husband had set up in her name that left her facing substantial financial obligations.
COA affirms denial of mom’s request to relocate in parenting dispute
The Indiana Court of Appeals has upheld an order denying a mother’s request to relocate, finding her move from South Bend to Chicago would not be in the child’s best interest.
COA reverses award of legal custody
A trial court’s order in a protracted feud between a divorced mother and father over the care of their child brought a partial reversal of custody from the Indiana Court of Appeals and a warning in a concurring opinion about the bias the parenting coordinator admitted to having against the mother.