What They Are and Why They Matter to You
Everyone that has been divorced, ended a relationship, or has had any contact with a divorcing person knows divorces are difficult to impossible for several reasons. At the most basic level, a divorce reflects love and hate and conflict and uncertainty for the future.
This blog post explores the most common dynamics in divorce so you can identify it and be aware of such in your divorce or that of a friend, family member or for general educational purposes. The ... Read More
20
Apr2016
11
Nov2015
Strictly speaking, Indiana is not an alimony state. The term used in legal terms is “maintenance.” Understanding these will help you be a more informed citizen and help your lawyer ask for temporary orders and a final divorce in a way that best meets your needs and is just and equitable.
The first type of maintenance is that the court can award during the pendency of a divorce proceeding when the case is undeveloped for what is fair ultimately order; temporary maintenance for household expenses is very vast and ... Read More
14
Aug2014
In any custody case, either divorce or paternity, where there are minor children, generally the non-custodial parent is ordered to pay a weekly child support amount (there may be some rare circumstances where the custodial parent pays, or no child support is ordered). However, what happens after the court order is issued, and the parent obligated to pay STILL does not pay? These are 5 common tools used to collect child support.
1. Contempt.
File a contempt action for non-payment. This often results in a court order ... Read More
15
May2014
In Indiana, there is no statute or provision for “alimony”. Whereas in other states, a spouse may receive alimony payments after a divorce or legal separation as a type of allowance for support or to maintain a lifestyle, Indiana does not recognize this. However, there are some limited circumstances where a former spouse may be awarded money due to certain conditions/circumstances. In Indiana, this is called spousal maintenance1.
Spousal maintenance can be awarded as a preliminary matter, while the divorce is pending. This often occurs ... Read More
20
Dec2012
In a divorce matter, child support and custody are often two (2) of the major issues being litigated or negotiated. However, while less common, determining spousal maintenance after the final decree is another common issue to be dealt with through the divorce proceedings.
As discussed in previous blog posts, there is no “alimony” in Indiana. However, there is spousal maintenance, which provides for one spouse to pay support to the other in limited circumstances. Those circumstances ... Read More
03
Jul2012
It Isn’t What You Think or Hear on TV about Stars . . .but It is There
Divorce actions routinely involve financial issues presenting as complex determinations of support for children, tax consequences, and asset and liability division. However, one financial issue that may be less common in divorce is the concept of what many think of as “alimony”.
In fact, in Indiana, there is not a type of financial support for a spouse called “alimony”. Indiana has a related legal comparison that is called spousal maintenance, but unlike alimony available in ... Read More
20
Dec2011
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
14
Jul2011
“I lost my job and have no income; does child support automatically stop?”
No. Under Indiana law, child support continues at the amount it is ordered to be paid until another order of the trial court issues. For this reason, it is critical that a person who loses his or her job file a petition to modify child support at once.
A trial court can only modify child support back to the date a Petition ... Read More
20
May2011
Divorce law is different from other types of law. In fact, it’s different from almost anything you experience in daily work, in the public world, and in private life. Nothing is sacred, or secret. And we all have our secrets.
Things that even your closest friend may not know about you, such as a torrid affair, have an uncanny way of coming out in ... Read More
04
Apr2011
"My Spouse is Abusive to Me and Mean to the Kids. Can I Move Out and Home With My Parents in A Nearby State and File for Divorce There?"
No. This is often a consideration of a stressed parent. Yet, though this might well provide a healthier environment for everyone involved, this may not have the best legal effect in the long term. There are a few legal issues in play as it relates to moving between states in a divorce situation.
In the 1960s and 1970s, the practice was ... Read More