To address a parent’s failure to pay child support for a child born within a marriage or out of wedlock, certain levels of non-support have thresholds that have been addressed by statutes. For example, at the state-level, there are statutes that make non-support a felony to prohibiting a licensed professional from renewal.
Under federal law, a significant child support arrearage may cause non-renewal or issuance of United States Passport. Today, the Indiana Court of Appeals decided an important case that shows the ways to potentially retroactively modify child support ordered ... Read More
06
Jun2017
21
Feb2017
Indiana’s elected judges are tasked with the important job of weighing the evidence of the parties’ positions when presented with a custody modification case or contempt of court for a wide range of circumstances, such parenting time interference. In a recent key dissent (from granting transfer [i.e., taking the case by its discretion]), the Indiana Supreme Court1 signaled that when the facts can support but one conclusion—a parent has intentionally interfered with parenting time--such continual interference itself can ... Read More
23
Nov2016
Permanency and stability are keys for children; Courts are mindful of this in considering all requests for custody modification in a child’s best interests. For this reasons, Indiana trial courts and attorneys are reluctant to entertain “emergency” motions for child custody modification in all but extraordinary situations because this is incongruous with taking the time to allow the attorneys to develop the evidence and present the case.
However, there are four somewhat common situations where a trial court may ... Read More
17
Nov2016
Children are literally our future. When parties divorce or in paternity actions or subsequent custody modifications, most litigants (Mothers and Fathers) make three key mistakes multiple times. Sometimes this impacts their custody objective and causes negative outcomes when they are avoidable. This blog explores these three key mistakes and how to avoid them.
The first is testifying in terms of “absolutes” or without qualification. Everyone has done something they are not proud of or that is illegal or both. In the acidic ... Read More
02
Aug2016
Stability and continuity of home life for children after divorce is a strong policy found in Indiana’s custody modification statutes and case law. Specifically, a parent who does not have physical custody can file a petition to modify such custody to him or her. However, the non-custodial parent must demonstrate a substantial change in circumstances and it is in the children’s best interests to modify physical custody.
Typically, of the eight statutory factors1 a court may consider, general dislike or ... Read More
27
Apr2016
Over the course of several decades of collective domestic practice, Ciyou & Dixon, P.C. attorneys observe two reoccurring mistakes that parents make, perhaps unknowingly, that may lead to contempt or modification actions or otherwise institute ill will and make it harder to co-parent and act in the children’s best interests. This blog post explores these mistakes so divorcing or divorced parents can avoid them.
The first is enrolling the children in school and not listing the child’s other parent on registration forms. This takes a more ... Read More
14
Apr2016
The Line Between Abuse, Neglect and Criminal Acts in Indiana
One of the strongest constitutional protections is the fundamental right to raise children without the State telling parents how to do it. However, everyone understands that freedoms and rights come with responsibilities and obligations. This is also true for children. Indiana is a conservative legal state, but has drawn lines where those rights end and move into civil or criminal acts on children by parents. This blog explores four key areas where a parent’s decision may ... Read More
24
Mar2016
Making the Factual Showings in Custody Modification
Almost every two people hear about a situation and come up with a different opinion. This is because second hand reporting removes the context and non-verbal communication that may be present, such as grimaces, winces, and other body language.
Because of this, the Indiana Court of Appeals and Indiana Supreme Court give great deference to trial court judges in custody modification cases. In cases where there is a pure factual dispute, and no question of the application of the law ... Read More
15
Mar2016
In Indiana, the term custody includes two distinct concepts, namely physical and legal custody. Physical custody generally refers to the parent with whom the child will spend the majority of overnights with during a year. Legal custody focuses on which parent (or both) make major decisions for the children, focusing on health, education and religion.
This blog post explores these and modification and division of this legal decision-making. In a majority of cases, legal custody is not at issue at all or to the degree with physical ... Read More
10
Mar2016
Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them.
First, in original divorce cases, it is easy to make off handed comments or otherwise inappropriate testimony in how to divide assets. Indiana, along with other states, is not based on fault. ... Read More