The Indiana Supreme Court has adopted the Indiana Child Support Guidelines as a tool to assist in determining the correct amount of child support based upon a duty to support a child, using the financial resources of the parties, needs of a child, and the standard of living the child would have enjoyed had the parties remained together. In any case there are certain events that can trigger the need to modify the court ordered child support amount. The most important thing to remember when considering filing for modification and when same should be done immediately, is upon certain triggering ...
July 19, 2016Adam Hayes
Depositions of parties and third persons is common in litigation. In court a deposition may be used to impeach one’s credibility if they change their story or if they are unavailable for trial testimony. That said deponents sometimes do not know whether they should review their deposition and why. Generally, reviewing your deposition and having the chance to note mistakes is important. What should you look for? First, are all of the facts you relayed correctly stated in your deposition. Did you misunderstand a question or give an answer that is not recorded correctly in the deposition because, for instance, you had ...
June 18, 2015Adam Hayes
In previous blogs we have discussed what property is considered “marital” property and subject to division between the spouses when they divorce. Generally, all property owned by either spouse before or during the marriage, regardless of who is the account holder or title holder, is “marital” and divided equitably (fairly, usually 50/50). Determining what IS marital property is only the first step towards dividing it up during a divorce action. The second step is to determine the value. The court has discretion to chose any date of valuation between the date of filing (the petition for dissolution of marriage was first ...
December 16, 2014CD
The Appeals Process in Indiana generally (there are a few exceptions) begins when a trial court issues a final order. A litigant, whether criminal or civil, has only thirty (30) days to file an appeal. There may be up to three (3) dates on the final order, and knowing which date is the controlling date is important. There is the date the judge signs the order, the date the order is file stamped, and the date the court enters the order into their system (on the Chronological Case Summary, or CCS). These dates can be the same or different. The date ...
January 2, 2014CD
If you are considering an Indiana criminal or civil appeal, there are 10 things your appellate lawyer needs to know or be provided by you to evaluate, perfect and promulgate the appeal: The date of the final order to be appealed (or interlocutory order), including the date it was signed, file stamped and entered onto the Chronological Case Summary. A copy of the Order and Chronological Case Summary (general judgment or special findings). Sentencing order or abstract of judgment in criminal cases. Motion(s) or pleading(s) underlying the matter on appeal. A time line of the facts underlying the issue on appeal. Any theory you have or ...
May 24, 2011CD