29

Jul2014
While housing markets have started to bounce back after the big crash of 2007/2008 there may be several areas that have still not totally recovered. If you purchased a home in the years before the housing bubble burst, there is a strong likelihood that you purchased at the top of the market, and the house is mortgaged currently for more that it would sell for. This is a common problem in many divorces cases in the past few years, as the marital home is ... Read More

19

Nov2013
What this Means for Spouses, Significant Others and Third Parties in the Household In most criminal felony cases, a standard term or condition of probation is the probationer not possess firearms. An area of great misunderstanding is where a probationer lives in a household with his or her spouse, significant other or third party and they have firearms.  Probation, in lieu of incarceration, is ... Read More

28

Jun2012
How Mental Health May Factor into the Legal Mix The ability to raise one’s children the way one sees fit is a fundamental, constitutional right. However, all rights, even those guaranteed by the United States Constitution, have more or less obvious boundaries. Stated differently, no right is unconditional. For example and related to this blog post, children must be educated and live in a healthy and safe home. The issue of a parent with mental health diagnoses, and his or her ability to parent, is a ... Read More

01

May2012
Starting in July 1st of this year, the age children are emancipated for the purpose of child support will change from 21 to 19. With the enactment of this new law, there will be a transition time where attorneys advocate it meanings, and the trial court and ultimately Indiana’s appellate courts agree or disagree to give it legal meaning. The scope and limits of this new statute are undetermined at this time. One of the main ... Read More

09

Feb2012
Contractual Obligations, Child Support and Income Withholding, and COBRA Unlike the larger body of civil law, domestic relations has mostly grey statutory provisions that are equitable as much as they are legal. The reason for this is life is anything but organized and linear. It is messy and filled with emotions ranging from happy to sad. A trial court, by default, is left to solve financial-to-legal problems that appear to ... Read More

06

Dec2011
“I know grass grows on it! Is this what my lawyer means by our ‘Marital Property’ in Divorce?” For readers of our blog posts, you probably have a pretty good idea that divorce law has a lot of flexibility and ambiguity–and suspect this is a trick question. You are right. The answer is clearly “Yes”, but also and equally “No”. Ciyou & Dixon, P.C. attorneys frequent field (no pun intended) questions along the lines of “What is Marital Property?” The answer is important ... Read More

24

Nov2011
At Ciyou & Dixon, P.C., we frequently observe two (2) major (assets) in a marriage that have been fertile battleground for litigants: the marital home and pension and retirement plan. In most places around the United States, these are not as valuable as they once were. About everyone knows individual homes to commercial real estate have lost value and are only now stabilizing in terms of price. For this reason, and because of low down payment requirements, a large number of homes are ... Read More

31

May2011
Even in a down economy and exponential change in everything in every facet of life with technology and globalization, purchasing a home is still a key part of the American dream. Everything happens quickly in the electronic age, and the purchase of a home is no exception. However, given it will take 20 to 30 years to pay a home off, the process should not be rushed. There are a lot considerations that should ... Read More

23

May2011
"To Appeal or Not to Appeal: The Four Best Types of Cases or Issues to Raise on Appeal." The few hundred trial courts and judges that comprise Indiana state courts handle nearly 2 million cases at any one time. These courts, primarily through the judge (there are relatively few jury trials), are tasked with what is a difficult job on a good day and impossible on other days. The terrorism of Sept. 11, 2001, provides just such an example. Did the two jets that were flown into ... Read More

15

May2011
No, effective May 12, 2011. By statute, the General Assembly adopted the common law of England as Indiana law. At common law, there was a broad right to resist unlawful police action. This right applied to citizen-police encounters on the street as well as those within one’s dwelling. This pits two important rights against each other — the right to individual freedom and to be free from arbitrary police action versus police-officer safety. Indiana law ... Read More