When the inquiry is made about requesting the court to award attorney fees in domestic relations cases, such as a dissolution, modification of custody, paternity matter, modification of child support, or contempt issue, or protective order the standard answer is, “We can ask”. The American standard is that each party pays their own attorney fees, unless there is a contract or statute that allows for an award of attorney fees. In domestic relations matters there are statutes that allow the award of attorney fees, but that is just the first hurdle. Truly the determination of an attorney fee award is solidly ...
July 1, 2015Adam Hayes
Indiana law changed several years ago to terminate a parent’s general duty to pay child support at 19. However, this law left in place language that allowed a trial court to have the discretion to award higher education expenses.1 Courts frequently award such colleges expenses. This has been subject to great debate among Hoosiers as many states end all support at or around 19. The reason age 19 is part of many statutes is because a senior in high school may turn 19 during his or her senior year. In Indiana, SB 109 was introduced in the most recent session of the ...
May 12, 2015Adam Hayes
In 2012 the Indiana Legislature adopted the Alternative Misdemeanor Sentencing Statute, which now provides that certain Class D felony convictions could be reduced to a Class A misdemeanor.1 To seek this relief from the trial court, you must meet the following criteria: Not be a sex or violent offender Your class D felony must not have included acts resulting in bodily injury to another person. Not have been convicted of perjury or official misconduct (under Indiana Code § 35-44-2-1 or § 35-44-1-2). Three (3) years must have elapsed since you completed your sentence and satisfied any other obligation imposed as a result of the ...
February 13, 2014CD
In dissolution of marriage cases in Indiana, the issue of property settlement (by an agreement) or award (by trial) is a two-step process. First, what is marital property? And, second, how should it be divided? In Indiana, marital property is any property acquired or owned by either husband or wife prior to the marriage, or during the marriage, including personal property, real property (land, house, real estate), and property rights (something not tangible that someone has the right to acquire later).1 This is called the “one marital pot” theory. It is all acquired up to the date of filing; and property ...
February 14, 2013CD
When it comes to who pays attorney fees in civil litigation, there are two historical rules. First, the English rule, and it is the oldest rule, dating back to before America had its own legal system. The English rule mandates that the loser pays all the attorney fees for both sides. Second is the American rule, which has been adopted by all but Alaska. The American rule states that each side in a civil matter, pays their own fees, regardless of who prevails in the end. The English rule serves to penalize, even an innocent actor who believes they have a ...
January 22, 2013CD