Although in Indiana the current age of emancipation by statute is 19 years of age, meaning the age at which the duty for child support is terminated by statute, a parent may be responsible and have a duty to continue to provide educational expenses of a child enrolled in higher education. Pursuant to state statute, Indiana Code §31-16-6-2(a)(1), a court may enter an educational support order for a child’s education at a post-secondary educational institution. In a recent case the definition of the educational expense ...
Sometimes it is easy to think when you consider an appeal, the Court of Appeals really retries the case. However, the appellate record is quite limited; understanding this will help you understand what an appellate court can review and consider and what it cannot. The materials considered directly and indirectly on appeal are the following: Transcript: The Court of Appeals typically has a typed transcript of every question and answer put forth in a trial. This is called the “transcript.” Exhibits: The ...
August 24, 2015 / Family Law
There is always a leading news story of the day. Last week, multiple days covered the Ashley Madison data breach of the names of men and women enrolled as members on a site for married people wanting to have an affair. Lawyers from all areas, from internet security to class action (such as the sought class certification in Canada), are largely unmoved and not surprised by this latest revelation of a site boasting a “100% Discreet Service.” From a marriage and divorce standpoint, there are five ...
Twenty years ago, domestic mediation was not common in domestic cases. A primary reason is because spouses were bitter and, perhaps, socially divorce was associated with a courtroom battle. Today all of that has changes. The Indiana Supreme Court has allowed trial courts to order domestic litigants to civil mediation before a contested trial—and trial courts have adopted the view and usually require mediation before a trial. Because mediation is accepted by our society at large, it has a different perception. This is that divorce cases do resolve at ...
In the course of civil litigation, there are many court orders. However, only one is a final order that can be appealed. There are two ways a court may issue a final order. One way is issue a general judgment, which can be a sentence or a few sentences. The other way is special findings. Special findings are lengthy in nature and demonstrate which facts the court relied upon and which law it applied in making its ruling. Special findings, being so detailed, make it ...
August 18, 2015 / General Practice
For lawyers and judges, the attorney client privilege, legal privilege and work product doctrines are a defining part of the American legal system. However, we often observe litigants (clients) do not fully understand what these mean. We believe a better educated a client is about the legal system, the better they are able to aid their attorney in advocating their case to their legal objective. This blog post highlights these three related, but distinct, legal tools. The attorney-client confidence is really basically what is seems to indicate. What you tell ...
August 13, 2015 / General Practice
As a general rule, when we need anyone from a mechanic to a doctor, we ask someone we know and/or research this on-line. There are so many statutes, cases, and regulations that may impact any given case this is hard to pin down any more. Akin to trip adviser, there are probably good words and less than such for every attorney and/or law firm. There are many ways to make your selection. A few considerations might be as follows: Does the attorney ...
August 12, 2015 / Depositions
For mostly technological reasons, major life events from global meetings to face-time chats with friends across the land occur in more or less real time. The new mass of information is digital and not paper. The old days of putting the paper mortgage documents and financial statements in a single place—forever—are long gone. So are the days of digital information being kept in one place—except for the most vigilant. This means that with any litigation, from a protective order to divorce, a ...
August 11, 2015 / General Practice
The legal system is the default mechanism to resolving problems that cannot be worked out through a vast number of other mechanisms, such as through church or family intervention, social pressures, or just walking away. Usually, the cost, unknowns, and stress compound and make this event one of life’s major stressors. Over time we have gathered many valuable insights that may help you in any civil litigation you are involved in--to help your lawyer help you try to ...