On the whole, most litigants, attorneys and judges would agree that divorce is not a good thing or a pleasant process. Yet, it is a reality for one in every two marriages. However, there are a number of legal concepts, such as no-fault divorce to binding arbitration, which globally seek to minimize the emotional and financial impact, as well as speed up what is usually a lengthy process.
Sometimes this is not ... Read More
27
Dec2011
With every U.S. Census, we gain a snapshot into how the confluence of past events shapes our current Society. So to with the 2010 Census, which reveals marriage, is at a record low; and those who are marrying, are doing so, and correspondingly, starting families, later in life.
This is not necessarily a surprising development because America was founded (indeed populated) on the principal of rugged individualism; those who did not share this view probably stayed ... Read More
22
Dec2011
In our role as advocates, advisors, and as counsel, Ciyou & Dixon, P.C. attorneys observe litigants in high-conflict, child custody litigation in some of their most trying times. And every seasoned family law judge, attorney, or child psychologist can relay a horror story where this pressure takes litigants beyond the bounds of civility, respect and basic human decency.
The key point and takeaway is that neither party wins, such acrimony ... Read More
20
Dec2011
A Historical Perspective on Fathers' Rights to Physical Custody: What it May Mean For The Future
December 20, 2011 / Child Custody, Child Support, Child Visitation, Custody Modification, Family Law, Spousal Support
A concept Ciyou & Dixon, P.C. attorneys sometimes observe clients (fathers) struggle with is grasping that law reflects the social policy of the day in action (With this blog topic in the present time, it is the perception or expectation or reality that mothers are better suited for the role as custodial parents and do obtain awards of physical ... Read More
15
Dec2011
What They Mean To You, Your Case, and What May Happen
Perhaps everyone who has watched a courtroom drama or live court TV has heard objections during the testimony of a witness. At Ciyou & Dixon, P.C., we believe understanding common objections made during trials (or depositions) will make you a more informed legal consumer and maximize the quality of your trial testimony.
A good place to begin understanding evidence is with drawing a mental distinction between ... Read More
13
Dec2011
What’s An Oral Argument Held in Conjunction with an Appeal? Do I Want One? Can I Get One?
Relative to almost two million criminal and civil cases handled in Indiana trial courts currently, appeals are very rare in statistical terms. According to the 2010 Annual Report of the Court of Appeals of Indiana, there were only 4,392 appeals filed and 315 oral arguments held on cases pending. At Ciyou & Dixon, P.C., we represent appellants (who ... Read More
08
Dec2011
The Arguments, Policies, and Legal Theories Pro and Con
While parents sometimes vehemently disagree about the amount of child support to be paid (received by the custodial parent) to maintain the lifestyle of the child(ren) post divorce, which is a controlling policy under the Child Support Guidelines, most would acknowledge each parent should pay some amount of support for their minor children.
This is the simple part, but nevertheless a well-known area of dispute in ... 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
01
Dec2011
At Ciyou & Dixon, P.C., we observe many divorce and custody disputes are centered around child support issues, and especially, how to determine weekly gross income for child support purposes. Often, it is more than simply base monthly salary divided by 4.3.
More typically, the matter is a complex query into irregular sources of income or imputed income. Bonuses are a good, and common, ... Read More