Spousal maintenance – also sometimes referred to as alimony – is awarded in Indiana divorces under certain circumstances. Typically, this is offered when one spouse earns significantly more than the other. Usually, this type of support is temporary, though a judge may determine it should be indefinite if the lesser…
Indiana Injury And Family Lawyer Blog
Divorcing Parents of Children With Disabilities Face Unique Challenges
A new study published last month in the American Journal on Intellectual and Developmental Disabilities revealed that while parents of children with developmental disabilities weren’t more likely to divorce than other parents, their reasons for separating often differed. Researchers analyzed a longitudinal study of more than 10,000 people – and…
Carmer v. Carmer – Prenuptial Agreements, Personal Injury Annuities and Property Division
The business of dividing property, deciding child custody and support payments and parsing out details of a decades-old prenuptial agreement can be messy. When two people have built a life together, it can be difficult trying to untangle all the strings as fairly and painlessly as possible. The case of…
Dant v. Dant – Indiana Appeals Court Affirms Marital Property Division
Indiana law requires an equitable division of property in a divorce. However, “equitable” does not mean “equal,” and it can be difficult for courts to divide property when separate and marital property is commingled. Marital property is that which is acquired during marriage, while separate property is what a spouse…
Stekr v. Beecham – Deviation from Child Support Guidelines
When family courts are weighing how much a parent should pay in child support, they doesn’t simply look at each party’s pay stubs. Typically, the courts conduct a detailed analysis that includes consideration of: Salaries and wages Income from overtime and second jobs Investment and interest income Pension income Trust…
Nelson v. Nelson – Challenge of Child Custody Order
Per the 2002 Indiana Supreme Court case of In re Guardianship of B.H., family courts in this state operate with the strong presumption that a child’s interests are best served by being placed with his or her natural parent. When third parties seek to intervene in custody proceedings to acquire…
Carie v. Carie – Division of Property and the “Marital Pot” in Indiana Divorce
In Indiana, marital property is commonly referred to as a “marital pot.” It is all the assets and liabilities a couple shares in the course of their marriage. When they are divorced, in essence everything gets poured into a “pot,” and it’s up to the court to decide the best…
Adultery Site Ashley Madison Hack Reveals Indiana Government Emails
When the adultery-promoting website Ashley Madison was hacked last month, the personal account information of millions of current and former site users was released. According to the Indy Star, it appears a number of email domains listed on the spouse-cheating site were .gov domains linked to city accounts in Indiana,…
Fall Bicycling Safety Precautions
Fall is about to arrive in Northwest Indiana and the Chicago Area. I have previously blogged concerning safety tips for bicyclists and believe that with the change in seasons that this is a good time to do so, once again. Those of us who are bicyclists need to take extra…
In re: The Visitation of L. – A.D.W. – Indiana Supreme Court Weighs Grandparent Rights
The Indiana Supreme Court was asked to consider whether the trial court abused its discretion in granting child visitation to maternal grandparents after their daughter – the child’s mother – passed away. In re: The visitation of L.- A.D.W., the state high court ruled visitation in this case was appropriate,…