Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought often is to appeal. Sometimes this is possible and sometimes it is not. Further, there are a number of different reasons to appeal. ... Read More
07
Jul2020
06
Jul2020
A lot of mystery seems to surround the division of assets when parties file for divorce and call the end to the marriage. Numerous questions arise. Do I get to keep family heirlooms I brought into the marriage? Does my spouse get a part of my 401(k) as he or she has her own? If our marriage has only lasted a few years, and I brought most of the assets into the marriage, do I get to keep them? This blog answers ... Read More
02
Jul2020
There is general agreement among the bench and bar that parents should not call their children as witnesses in their divorce of post-decree modification cases. Putting any child on the stand is a traumatic experience and one that usually makes them pick sides. On the other hand, while there are a lot of ways a child’s views can be made known to a court, such as a custody evaluation, sometimes with older children or in very unique ... Read More
30
Jun2020
Almost every seasoned divorce attorney has been blindsided in court from some significant evidence (documents or testimony) that has a detrimental impact on his or her client’s case. The conventional thinking may be my spouse does not know about it or would not dare to raise it in our divorce trial. Think again. However, that is almost always not the case. Evidence of some pattern of bad behavior or deviant conduct to illegal activity, if relevant, can change the court’s direction in its award of ... Read More
25
Jun2020
Indiana, having a significant number of military installments, has its fair share of military divorces over the course of any given year. In fact, many attorneys have tried divorce cases over the phone from troops who may not even be able to disclose their location to the trial court. That said, there are protections for military members under the Soldiers’ and Sailors’ Act. This blog surveys key information you need to know if you are a deployed ... Read More
24
Jun2020
In Indiana, assets acquired by either party before the marriage and brought into the marriage, acquired during the marriage and up to the date of filing, are considered marital property subject to the court’s division. Furthermore, the presumption for a just and equitable division is a 50/50 division, although the trial court has vast discretion to deviate for any fair reason.1 Where worker’s comp awards of personal injury settlements (particularly structured settlements) ... Read More
17
Jun2020
Like everyone and everything in life, the judicial system isn’t perfect. As such, sometimes trial courts get it wrong. If you or someone you know just received a child custody determination that you believe was wrongly decided, you have the ability to seek relief via an appeal. How is this done? How long does it take? In this blog, we look at the general process for appealing a custody order in Indiana.
The first thing to consider in the appeal process is the ... Read More
16
Jun2020
Anyone who has watched a courtroom drama or live court TV has probably seen an attorney shout “objection!” while an individual is testifying. However, what is it that is being objected to? Why is this important? At Ciyou & Dixon, P.C., we believe understanding objections made during trial will make you a more informed legal consumer and maximize the quality of your trial testimony. In this blog, we look at four common objections made during testimony in a divorce matter.
Hearsay. “Objection! Hearsay.” This ... Read More
11
Jun2020
Clearly, with COVID-19 and significant changes in the global supply chain currently impacting most businesses, everyone has had their job put at risk to some degree. This is the case even in great economic times. A simple restructuring of a company may cause a job loss. In this case, many parents paying child support simply do not know what to do. Willful failure to pay support is a contemptible action in court. This blog explores the best practices to follow ... Read More
05
Jun2020
Yes. No. Maybe.
In Indiana, child custody is always modifiable, if modification is in the child’s best interests and there is a substantial change in one (1) or more factors1 the court can consider under the initial custody determination statute, namely (1) the age and sex of the child; (2) the wishes of the child’s parent or parents; (3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) ... Read More