A recent blog discussed how an appellant (person initiating an appeal) gathers documents from the lower court hearing being appealed in an appendix to provide the Court of Appeals with the relevant information litigated to give a background into the matter. Additionally, the appellant will order a transcript of the lower court hearings for review by the parties and the Court of Appeals. A transcript is a verbatim written recording of the events of the trial court. If a hearing went on for multiple days with multiple witnesses, all of that testimony will be delineated exactly in the transcript. If a ...
September 24, 2013CD
Within divorce and custody proceedings, often neither parent feels that they have received enough parenting time with the child. Under the Indiana Parenting Time Guidelines, generally, for a non-custodial parent (one without primary physical custody) of a school-age child who lives in close proximity to the custodial parent receives weekly parenting time, at a minimum, of one evening per week and every other weekend1. The situation becomes more complicated when a grandparent seeks time with the child. This situation occurs most often when a non-custodial parent does not exercise parenting time, or is unable to do so for various reasons, and ...
August 7, 2012CD
Modifying Child Support with a Large Arrearage and Reinstatement of License to Drive Based On Law and Public Policy Through divorce or custody proceedings, a child support worksheet, which uses a complex formula, is produced in order to determine an appropriate child support amount to be paid. The child support worksheet uses gross weekly income and takes into account many factors to make sure child support is equitable, and includes other children the parties have a legal duty support, and childcare costs. Once the parties have presented their worksheets to the Court, typically by a trial if the amount of support is ...
July 31, 2012CD
This blog will seek to explore the changing definitions and dimensions of “marriage” and how it may be expanded in the fairly near future. Voluminous amounts of information exist on this controversial topic, and this blog will only explore the tip of the iceberg. The changing tide of marriage today can be seen simply from a statistics standpoint. The number of couples getting married is declining, the number of couples divorcing is increasing, and the average age of couples getting married is increasing as well. The “average American family” definition is evolving, and what once was considered “family” is expanding. Families are ...
June 7, 2012CD
Domestic partners, married couples, or really any family members can potentially be the victims of domestic violence. Sometimes this is a pattern, but sometimes it is a one-time event in the emotionally charged event leading unraveling of the relationship. In some cases, tensions are high, remain high, and domestic violence can be a very real, on-going concern for a party, friends, family, and lawyers. However, there are a number of protections and safeguards in place to prevent a potentially tragic escalation of a domestic matter. Under a uniform act in Indiana law, after a hearing and proving the risk, the person ...
May 29, 2012CD
The process of perfecting an appeal, as discussed in previous blog posts, is often a complex one, with numerous rules and time limitations.1 The general trigger to file an appeal is that the order being appealed is a final order.2 There are, however, exceptions to this final order rule. An interlocutory order is an order of the court that is not final, often occurring during the pendency of the litigation. For example, during the pendency of a divorce case, if the Court ordered the sale of the marital residence, this would constitute an interlocutory order. The final order would be the ...
May 24, 2012CD
How Missteps Can Cost You Your Case Appeals are difficult and time consuming for both clients and attorneys–and the Indiana appellate courts who decide them in a very efficient manner (the Indiana Court of Appeals is one of the fastest appellate courts in the United States). Clients with a final order from the lower court looking for a reconsideration by an alleged error of fact and/or law sometimes appeal. However, the appellate process is much more rigid and rule-driven than the trial court process, which is inherently disjointed because the problems of life are messy and Indiana’s trial courts get these cases ...
May 3, 2012CD
Anyone who has watched a courtroom drama, live or a replayed actual trial, or been involved in a civil or criminal matter, probably has some general sense that trial court judges make many rulings or orders. A simple directive (local rule) for a litigant to attend a parenting class during a divorce is an order of a court. Rulings made during trial on admission or exclusion of evidence are also orders. For the most part, rulings on such legal issues and matters are not final in nature, meaning they do not end the case. With a divorce, a divorce decree is ...
January 26, 2012CD
Click here to download the courts final instruction for carrying a hand gun for necessity. Maybe. One consistent part of life, reflected in the evening news and reality television, is strange, weird, and odd things are not an exception to daily affairs, but an ordinary part of it. This is true with firearms and the legal issues they sometimes raise as well. This hypothetical this blog presents should not occur. Simply put, a person who does not have a license to carry a handgun, or is prohibited from possession, such as a felon, should never find himself/herself in such a situation. But ...
January 19, 2012CD
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, example. With irregular income (certain bonuses by this example and blog post), the calculation process becomes complex, subjective and less black-and-white in application. Clearly, the child should obtain some benefit of bonuses, as he or she would have ...
December 1, 2011CD