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Lawmakers in Florida are wrestling with the question of whether to do away with permanent alimony payments in the state, limiting the circumstances under which former spouses could obtain financial support – separate from what is provided to the children – in a divorce decree.Supporters call alimony a “life sentence,” though the measure is staunchly opposed by the Family Law Section of the Florida Bar Association.

Here in Indiana, our Highland divorce lawyers are well aware that divorcees don’t have the option of alimony, in the traditional sense.

What we do have is spousal support, which is also referred to as spousal maintenance. Simply put, it is a means by which one spouse may collect monetary payments from another. The goal of spousal maintenance payments is to aid the lower-earning spouse in maintaining a “reasonable” standard of living, and further to become self-sufficient both during and after a divorce.

So far, it may sound like any other alimony system. However, the courts are greatly limited in terms of deciding who is eligible for support payments. There are only three circumstances under which the court is allowed to award spousal maintenance payments. Those are:

  1. A finding by the court that one spouse is mentally or physically incapacitated in such a way that it materially impacts that spouse’s ability to be self-sufficient. In these cases, the spousal support has the propensity to continue for the length of the incapacity. The court could choose to alter the order at a later date.
  2. The court makes a determination that one spouse doesn’t have enough property, even after the division of marital property, in order to provide for his or her needs AND that spouse has custody of a child who suffers a mental or physical disability that makes it impossible for that spouse to work. In these cases, the judge can order support payments for any length of time that the judge deems appropriate or necessary.
  3. Lastly, a judge can award support payments for up to three years if it is determined that, after weighing each spouse’s education, earning capacity, and the interruption of education or career to care for children, that an order of support is appropriate. Consideration must be given to how long the supported spouse will need in order to be adequately retrained and obtain work. This is called rehabilitative support. Three years is the maximum amount of time that this type of support can be offered.

Although these parameters are quite strict, there is no ceiling or even any specific guidelines for how much support may be awarded. That means it will be up to the judge to factor in the kind of lifestyle these individuals had, whether the the supported spouse might be able to work and earn money even while retraining, whether there would be any significant tax consequences, as well as a number of other considerations.

It’s important to note that if the supported spouse remarries or dies, those payments will end automatically.

Otherwise, it can be pretty tough to get one of these orders altered once they are in place. Usually a chance would require dramatically-changed circumstances. For example, if the paying spouse loses his job and has no ability to pay, or if the supported spouse receives a sizable inheritance.
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It has long been established that texting and driving is one of the most dangerous things that you can do as you drive. However, one recent study indicates that cell phone use may not be the number one most common reason for a distracted driving accident. The study suggests that simple daydreaming may be to blame for most crashes.

Our Highland accident attorneys know that a driver who is distracted by anything – from a phone to a music system to the thoughts going through his mind — can be dangerous. Unfortunately, if daydreaming really is a major contributing factor in distracted driving accidents, it may be even harder than expected to combat the problems of distracted driving and to get all drivers to focus on what’s going on in front of them as they travel the roads.Daydreaming a Top Distracted Driving Cause?

According to a recent article on Fox News, Erie Insurance Company recently did a study of more than 6,500 fatal accidents between 2010 and 2011 that had been classified as distracted driving crashes. Erie Insurance Company reviewed the police reports and other relevant available information about the crashes in order to assess what types of distracted driving behaviors were most dangerous.

Surprisingly, it turned out that the study did not reveal texting or cell phones as a top cause of distracted driving crashes. In fact, based on the written police reports, 62 percent of the crashes reportedly involved one or more people who were “lost in thought” as opposed to on the phone. The percent of accidents caused by daydreamers was far more than the 12 percent of accidents that were attributed to phone use.

“Lost in thought” also topped several other common distractions as a potential cause of distracted driving accidents. For example, using in-vehicle controls like a GPS or music system was listed as a contributing cause of only one percent of accidents. Smoking and animals in the car were also attributed to only about one percent of accidents.

Of course, this doesn’t necessarily mean that everyone has given up texting and that the only risk to people on the roads is a daydreaming driver. The Erie Insurance Company’s data and conclusions were ascertained using police reports explaining how the crash happened. The information in the police reports was determined based on what the drivers at the scene said, as well as based on the police officer’s own reading of the situation.

Some drivers who are in accidents might try to deny they were talking on a phone or doing something else equally distracting at the time, especially if the accident was a serious one and the driver is afraid he or she will get into trouble. This means some of the drivers who said they were daydreaming to explain their distracted behavior may actually have been doing something else entirely.

If daydreaming is a top cause of distracted driving, however, the problem is going to be a tough one to solve because no lawmaker can make or enforce a law against daydreaming.
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Last summer, two teenage bicycle riders were killed in Northern Indiana by an intoxicated driver. Fort Wayne.com recently reported that the impaired driver who caused the deaths has now pled guilty and will serve 18 years in prison for his actions. While this sentence brings justice for the families of the bicycle riders who were killed, it doesn’t bring back the teens who lost their lives.Unfortunately, these two teens were not the only ones to die in bicycle accidents in Indiana last year. Our Highland accident attorneys know that bike accidents are far too common, especially as the weather grows warmer and more people are out on their bicycles enjoying the spring and summer months.

While bicycle riders may not be able to protect themselves from drunk drivers or prevent every bike accident that occurs, there are some things that riders can do in order to reduce the changes of being seriously hurt or killed in a crash. Drivers of motor vehicles also need to be aware that there may be more bicycle riders out-and-about over the summer and should adjust their driving behavior accordingly to make sure everyone is safe.

Bicycle Safety Tips

To protect themselves, bicycle riders should follow some basic safety tips when riding including the following:

  • Always wear a helmet when riding.
  • Try to ride in areas where there are sidewalks, bike lanes or trails and to avoid areas where you will be forced to ride along the shoulder of the road.
  • Obey all driving safety laws including speed limit and right-of-way laws.
  • Wear bright colored clothing and use reflectors if necessary in order to ensure that cars can see you.
  • Refrain from bicycle riding at night whenever possible. If you must ride at night, you should have a light on your bicycle and/or reflective strips and clothing.
  • Check your bicycle carefully before any bike trip to ensure that the bicycle is in good working order. You should focus especially on the brakes and the tires to ensure they aren’t in need of maintenance.
  • Wear comfortable clothing that is not too loose fitting and that will not get caught in the pedals of the bicycle.

By following these tips, bike riders can hopefully avoid getting into a crash. Drivers of passenger vehicles must also be on the lookout for bike riders and need to be aware that bicycle riders deserve respect just as any other vehicle on the road does. This means yielding the right-of-way when required and giving bike riders sufficient space to navigate safely.
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A bill was recently proposed in the Alabama legislature that would allow the state to terminate parental rights in cases where a parent, addicted to drugs or alcohol, had relapsed after receiving a second round of in-patient treatment.Our Munster child custody lawyers know that if this law were to pass, while it wouldn’t affect Indiana families directly, it could set a troubling precedent.

This is not to say that the state does not have a valid interest in protecting the children from harm caused by a drug-addicted parent. Indeed, it does. However, both in Indiana and in Alabama, there are legal provisions that allow either the other parent or the state to step in and seek remedies – up to and including termination of parental rights. Capping treatment options is not the solution.

While we understand the framers of the bill had intended to draw the line when it comes to protecting our children and saying, “Enough is enough,” it may actually end up resulting in fewer parents seeking much-needed treatment, for fear they may lose their children if they falter one more time.

That being said, we have represented numerous clients who were at their wits’ end with the seemingly endless cycle of addiction of their former spouse. In many cases, that was what led to divorce in the first place.

In cases like this, one of the first things we might seek to do is file for emergency child custody. This won’t be a permanent order, but it will allow you to keep your child safe while the courts have an opportunity to sort through all the details of what is being alleged.

Your first step in a case like this, in which you fear for your child’s safety due to your ex’s addiction, would be to contact an experienced family law attorney. He or she can help you file the petition, which will allow you to get an immediate hearing, as it is considered an emergency. Your lawyer may also at the same time submit a form requesting a more permanent custody arrangement be addressed at a later date. This will allow you to pursue the long-term custody arrangement, whether the court grants the temporary order or not.

With the understanding that these situations sometimes unfold rapidly, you still want to try to be as prepared as possible. Bring any relevant police reports, voice mail recordings, text messages, e-mails or photographs that could serve to further bolster your case. Specific examples might be reports of a DUI or drug-related arrest or previous convictions, photographs of drugs or paraphernalia in the home or statements from third party witnesses attesting to the severity of the other parent’s addiction and the danger it poses to the child.

Termination of parental rights in Indiana is altogether another matter, but it is one that may be initiated in the most severe of circumstances. Some potential circumstances in which termination of rights is considered by the court:

  • The child has been living in an alternative care situation (foster care or with a relative) for at least six months;
  • The parent has been convicted of a series crime (i.e., murder, manslaughter, rape, sexual misconduct, etc.) and the victim was either under the age of 16 or the child named in the petition;
  • There is a reasonable probability that either the problems that led to the child’s removal from the home won’t be remedied or the child’s continued relationship with the parent poses a harm to his or her well-being;
  • Termination of rights is in the child’s best interest;
  • There is a satisfactory plan for care and treatment of the child following the termination of rights.

Courts in Indiana take child custody loss and parental rights termination very seriously. If you need legal assistance in either of these matters, contact us today.
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Officials are kicking off National Distracted Driving Awareness Month and they’re working to save lives. Safe driving advocates with the National Safety Council (NSC) are using the entire month of April to get drivers to hang up the phone.Our Gary car accident lawyers understand that these dangerous driving behaviors continue to take the lives of thousands of people each and every year. In 2010, there were more than 3,000 people killed across the nation because of distracted driving. It’s a trend that’s on the rise — and it’s a trend that we’ve got to stop.

According to the State of Indiana, there are three types of distracted driving — cognitive, visual and manual. It is important to note, that not all three types of distracted driving must be engaged to attribute to driver inattention.

According to the Insurance Institute for Highway Safety (IIHS), drivers in the state of Indiana are not banned from using hand-held cell phones behind the wheel, but they are banned from text messaging. The problem with these laws is that officers are not able to easily determine if a driver was composing a text (illegal) or dialing a number (legal), which makes it tough to ticket. Far too many drivers are still taking their attention off of the road to engage in both of these activities.

If it’s so dangerous, why hasn’t the federal government made it illegal for all drivers? Currently, passenger car driving behavior falls under the jurisdiction of the individual states, so the USDOT cannot ban it. Congress has considered a number of effective laws to prevent distracted driving, but nothing has passed yet.

Join in National Distracted Driving Awareness Month!

The NSC is asking drivers to:

-Sign a pledge to drive cell free. Sign this pledge and share it with your friends and family members to make sure everyone is on the road to safe driving habits.

-Understand and share the risks associated with distracted driving. Go beyond the distractions from cell phones and text messaging devices and get familiar with the dangers associated with all distractions.

-If you happen to call someone who is driving while they answer, just tell them you’ll call them back when they’ve stopped. It’s a move that could wind up saving their life.

-Get others to join in on National Distracted Driving Awareness Month.

-If there’s a newly-licensed driver in your family, make sure you’re setting a good and safe example behind the wheel for them. Talk with them often about the risks of distracted driving as they’re commonly the most frequent offenders.

Still don’t think distracted driving is that dangerous? Give this game a whirl. It’s used to measure how your reaction time is affected by external distractions. Regardless of your results, experts say, you should not attempt to text when driving.
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With the spring season, we can expect motorcyclists to hit the roads of Northern Indiana. We’re already seeing temps in the high 70s, which serves up some fine motorcycle weather. Unfortunately, the increase in this kind of traffic comes with some serious risks for accidents.Our Highland motorcycle accident attorneys understand that there were close to 3,500 motorcyclists involved in traffic accidents in the state in 2009. More than 110 of those motorcyclists were killed in those accidents. We’re turning to passenger car drivers to help with the safety of these vulnerable travelers.

With help from the Motorcycle Safety Foundation, we’re dropping a little knowledge on drivers to help to raise awareness about motorcyclists out there. The Motorcycle Safety Foundation urges drivers of all kinds to give these two-wheeled travelers their space. You don’t want to cause an accident. Injuring or killing a motorcyclist rider is something you would have to live with for the rest of your life — and nobody wants that guilt.

Here are some things you should know about motorcycle riders:

-There are a lot more passenger vehicles, cars and trucks out there. Because of that, some drivers don’t even recognize motorcyclists. It’s important that we don’t ignore these drivers. They might actually need more attention than any other vehicle out there.

-They can easily get lost in your blind spots. This is why you want to make sure that these spots are clear before making a maneuver in traffic. Physically turn and check your blind spots before turning or changing lanes.

-They can look farther away than they actually are. Because they’re so small, it may be tough to judge their distance as well as their speed. If you see a motorcycle at an intersection or anywhere near you, make sure you always predict that it’s closer than it appears to be.

-The brake lights on motorcycles don’t always activate when a motorcycle is slowing down. Many riders slow down by simply downshifting, which doesn’t turn on the brake light. This is why it’s important not to tailgate these drivers.

-Turn signals on motorcycles aren’t always self-canceling. Don’t ignore the turn signal, but you should know that it may not be on and flashing to indicate an immediately turn.

-Motorcycles can’t maneuver out of everything — although maneuverability is one of their best characteristics. Don’t put them in a squeeze.

-Motorcycles can’t stop easily on wet surface. On dry, normal pavement, motorcycles can stop in about the same distance as our passenger cars.

-When a motorcycle is on the move, treat it as any other vehicle. They follow the same road laws — and you should treat them the same. Don’t share lanes with them.

With participation from drivers across the board, we can help to make our roadways a safer place for everyone — and especially for our motorcyclists. With the springtime weather rolling in, check in with your driving habits and toss out those irresponsible ones. It’s like spring cleaning for safety.
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There a new iOS app for iPhones and iPod Touch devices and it’s going to help to get you real-time vehicle safety information.

According to the National Highway Traffic Safety Administration (NHTSA) this information is going straight from SaferCar.gov to your phone. You can get information regarding each make and model, help with installing a car seat, recall information, filing a vehicle safety complaint and even signing up for vehicle recall information.”Safety is our highest priority, and we’re always working to find new and better ways for people to access SaferCar,” said Ray LaHood, Secretary with the USDOT.

Our Highland car accident attorneys understand how vital this information is to our safety. With today’s technology, it’s important that this information is easily accessible. What better way to get it on the go than to slap it on a cell phone app?

With the New App, Drivers Can Access:

-5-Star Safety Ratings: If you’re looking to get a new vehicle anytime soon, this is going to be like gold. You want to make sure that you’re not only getting a car that fits your personal needs and style, but you want to make sure you’re getting one that’s safe, too. With this part of the app, you can access the latest crash test ratings and compare the vehicles you’re considering.

-Complaints and Recalls: You can stay up to date with the most recent safety issues and keep an eye on your vehicle. Get notifications for the latest issues involving your vehicle. You can even file a complaint without the hassle of sitting down and logging on. Just do it from your palm.

-Help with Child Car Seats: These things can be confusing. Did you know that a majority of child car seats are installed incorrectly? This part of the app is going to help to correct that. If you still can’t figure it out, the app will point you in the direction of the closest child seat inspection station so you can have someone do it for you.

-Safety Headlines: You can stay up to date with breaking safety news.

It’s important that we’re listening to these updates and warnings because without them, we may be driving straight into danger. Unfortunately, defects are oftentimes undetectable to the naked eye, and defective parts may operate normally for some time and then, suddenly fail. Faulty parts and design flaws are both vehicle defects.

With all of this information, safety is more accessible than it’s ever been. It’s not effective if we’re not using it though. It’s important that consumers and drivers are taking advantage of these services and putting them to good use. A knowledgeable driver is a safer driver.

If you’re interested in getting this app, you can download it here or you can check it out in iTunes. Either way you decide, the download is free and it could wind up saving your life.
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Indiana’s new parenting time guidelines place a high priority on communication, cooperation and civility between parents, for the sake of the child.However, our Munster child custody lawyers know that this kind of relationship isn’t always possible. Even if one parent strives to meet this standard, it really takes both people to ensure success.

Unfortunately, some people are burdened with toxic anger and bitterness, or they simply can’t let go. It ends up spilling into their relationship with their co-parent, or sometimes the co-parent is the direct aim. Sadly, the people this ends up hurting the most are the children.

It’s that kind of long-term psychological damage that the high court is hoping to avoid with its new parallel parenting plan, tailored specifically for parents it deems to be “high conflict.”

There aren’t hard-and-fast rules when it comes to the definition, but generally speaking, the court will label two parents as high conflict when:

  • They argue constantly in front of the children;
  • They often lay blame for their problems with the other parent;
  • They make negative comments about one another to the children.
  • There is a high level of mistrust and anger between parents;
  • They can’t communicate or cooperate with one another about the child;
  • There is a pattern of ongoing litigation.

The courts approach these cases with the understanding that to let these situations drag on is going to cause the children to potentially develop emotional and behavioral problems. Many of these kids live in fear, they have low self-esteem and they come to believe they are somehow to blame.

In cases where one parent is the primary aggressor in this, the court specifically notes that such behavior “should not be rewarded by limiting the parenting time of the other parent.”

The court recognizes that in most cases, a joint custody arrangement is preferable. But it’s not realistic in parallel parenting cases. In most of these cases, we’ll be dealing with a sole legal custody arrangement.

The main idea of parallel parenting is that each parent has a responsibility to provide for both the physical and emotional needs of the children and both are important to the child. Each parent must respect the other’s important role in their child’s life, even if they don’t necessarily respect the parent personally. The needs of the child have to come first.

So the arrangement is that while one parent is “on-duty,” the other parent is “off-duty.” Whoever is on-duty is solely responsible for care and control of the child during that time. This limits the amount of contact the two will have with one another, except in cases of emergencies. The court specifically prohibits one parent from denying the other his or her time with the child due to:

  • A minor illness;
  • The child’s hesitation or refusal;
  • The child has somewhere else to be;
  • The child isn’t home;
  • The noncustodial parent’s lack of support payments;
  • The custodial parent not wanting the child to go;
  • Bad weather;
  • Lack of clothing to wear;
  • The other parent failing on other preconditions.

Parallel parenting agreements must be reviewed by the court every 180 days.
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A four-car pile-up just after dusk in central Indiana resulted in the death of a 68-year-old beloved city clerk-treasurer, whom witnesses say was traveling at a high rate of speed when she braked suddenly, causing a chain reaction.Our Highland car accident attorneys recognize this incident as a stark reminder that everyone needs to practice safe driving habits, especially as we round out the last several weeks of winter and particularly at night.

A recent snowstorm has had numerous agencies across the state reporting people sliding off the roads, many of which are caked with at least some amount of fresh, slick snow or slippery ice.

In fact, the weather was blamed in at least three serious accidents in a single day recently, including a fatal crash on I-70 near Cloverdale, just outside of Indianapolis. There was also a semi-truck accident on Indiana 37 that prompted the highway to be shut down for several hours.

Dozens of counties were under a state-issued travel advisory, and a handful were even under watches and warnings.

Travel advisories are issued by the Indiana Department of Homeland Security, and they can be an invaluable resource for motorists who are planning to head out. Especially during the winter, it would behoove you to check with the agency by visiting http://www.in.gov/dhs/traveladvisory/, just to see what kind of weather you will be dealing with. If it’s bad enough, you may want to skip your trip altogether, if possible.

There are three levels of advisories in Indiana. Those are:

  • Advisory – The lowest-level of local travel advisory, which means that your routine activities or travel in certain areas could be restricted due to perilous conditions. Use caution.
  • Watch – This means there is some condition that is a threat to public safety and that only essential travel (to and from work, emergency situations) should be carried out.
  • Warning – This is the highest level of travel advisory, wherein travel may be restricted to emergency personnel. During a warning, individuals should refrain from all travel, comply with necessary emergency measures, cooperate with and obey public officials.

Even if you check on the advisory in your location and still choose to head out, it’s important to expect the unexpected. Weather, of course, can change at a moment’s notice, and winter weather can be particularly hazardous.

You want to make sure your car is “winterized,” (check all ignition, brakes and wiring, antifreeze levels, tires, batteries, make sure you have spare tire, jumper cables, bag of salt or cat litter, tow and tire chains, shovel, etc.).

After that, the main thing to keep in mind is your speed. In snowy and icy conditions, you need to give yourself more reaction time, which means you need to slow down considerably. Give yourself about three times more space than you otherwise would between you and the vehicle in front of you.

Go easy on your brakes. That is, slamming them on will likely cause you to spin out of control in snow or on ice. Don’t use cruise control in those conditions and pay particular attention on bridges or overpasses, as these areas will freeze first and may catch you off-guard if you aren’t careful.
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More than a decade in the making, the newest Indiana parenting time guidelines have been adopted by the Indiana Supreme Court, and are formally in effect as of March 1.Our Gary child custody lawyers know that the updated version is child-focused and emphasizes parental cooperation in each child custody case.

However, the high court stresses that these guidelines are just that: a general foundation for how judges, parents, lawyers and advocates should approach the entire process. They aren’t rules set in stone, so judges will still maintain a fair amount of flexibility for special circumstances or situations.

As of 2010, less than 50 percent of households in Indiana are those headed by both husband and wife. Nearly 15 percent are single households headed by mothers with no husband, while about half that are single father households.

In addition to underscoring to all parties that the core consideration through all of this is the well-being of the children, the 33-page document helps to resolve some of the areas of family law that were previously somewhat unclear or ambiguous in Indiana.

Up until now, family law judges were left largely to their own discretion in setting up a “reasonable” schedule for visitation. For many families involved, that often meant that you were at the mercy of the judge and her philosophy. In the end, that resulted in great disparities in visitation schedules throughout the state.

These guidelines are meant to institute greater uniformity. Additionally, the whole concept of “visitation” has basically been tossed out the window. What courts are now expected to help regulate and enforce is the amount of “parenting time” that each parent has with the children. It’s a recognition that the time parents spend with their children is of greater value than just a “visit.”

Some of the new guidelines specifically address matters of expanded technology with regard to parent-to-parent communications. For example, parents have to exchange e-mail addresses. Frequent communication by both parents regarding the child through phone calls, e-mail or video chats is encouraged.

Another area that received specific attention was communication between the non-custodial parent and the school system. There has historically been a lot of contention in this area because it was deemed the custodial parent’s responsibility to inform the other parent about major events, parent-teacher conferences and grades. The new guidelines spell out that the non-custodial parent has every right to contact their child’s school directly and to be informed about these types of things.

The court also strongly recommends that parents work out holiday schedules six months to a year in advance. Sitting down with a calendar and hashing it out ahead of time can avoid conflict. Additionally, there were a number of holidays that were added to the list of those that must be negotiated, including President’s Day and Dr. Martin Luther King Jr. Day. New Year’s Eve and New Year’s Day are now considered a single holiday and the Christmas vacation is divided in two. Plus, the summer vacation is also now divided in two.

Historically, family law courts were slammed around the holidays, with a flood of parents filing complaints or requests to change the schedule. These guidelines are intended to reduce conflict around these times.

Of course, there will always be families where conflict is seemingly inevitable. The new parenting guidelines have an entire section devoted to those who fall in this category. “High conflict” parents are defined as those for whom there is a pattern of ongoing anger, mistrust, inability to cooperate or communicate and litigation. In these cases, the judge can enact measures that will limit the parents’ communication, with exceptions for emergencies. There are also designations for responsibility of the parent who is “on-duty” and the one who is “off-duty.”

Your child custody attorney will be in the best position to explain these new guidelines and to protect the irreplaceable relationship you have with your child.
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