A topic Ciyou & Dixon, P.C. has blogged about before is the new emancipation statute effective July 1, 2012, the new child support statute inIndianagoes into effect. However, there has been a recent case decided by the Indiana Court of Appeals which gives into how the Indiana Court of Appeals may view and apply this new law. To recap, the new child support emancipation differs from the current version mainly due to the change in the child’s age to terminate child support. Under the current (soon to be old law) children generally receive child support until they turned twenty-one (21). Under ...
June 14, 2012CD
When child support is calculated, there are a number of factors that are included or excluded based on certain formulas and rules. For example, and common, in determining the amount of child support paid, parents get credit for subsequent children, health insurance payments for the child(ren), and the number of overnights they have the child(ren). However, there are often many complex mixed fact/legal variables and questions in determining and arising in reaching the proper amount of support to be paid. For example, how do parents include bonuses that are irregular or Social Security benefits that they receive? These variables are explored ...
June 5, 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
The American court system is one filled with deadlines: deadlines for discovery to find out important information to proceed with a case to trial, deadlines for filings of numerous types, and to begin with, deadlines for initiating a lawsuit. There are numerous rules in the court system regarding statutes of limitation and when one can timely file a lawsuit (or appeal by a Notice of Appeal). Often, one of the first questions Ciyou & Dixon, P.C. attorneys ask when speaking to a potential new client is what has been filed recently, if the case is pending, and in any situation, if ...
April 12, 2012CD
The Power of a Trial Court To Hold Stepparents in Contempt for Interfering with Custody and Parenting Time As domestic advocates, we sometimes receive questions about the rights of stepparents who may be perceived as, or actually are, interfering with the other parent’s custody and parenting time. This situation creates a serious (additional) emotional dynamic within post-divorce and paternity cases. In other words, the allegation and legal issue concerns a person who is not a party subject to the trial court’s orders but who effectively thwarts these (custody and parenting time) orders to the benefit of his or her spouse and to ...
February 21, 2012CD
One of the most difficult cases Ciyou & Dixon attorneys face as domestic advocates is with CHINS (Child in Need of Services - Ind.Code § 31-34-1-1) proceedings that is re-filed and turns to a TPR case (Termination of Parental Rights - Ind.Code § 31-35-2-1). What occurs is a parent or parents do not respond to coercive interventions of the court and to protect the children, the DCS (Indiana Department of Child Services) may file a suit to terminate the legal rights of such parents. On February 14, 2012, the Indiana Court of Appeals, on rehearing, affirmed it prior decision in Termination ...
February 16, 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
As domestic advocates, we observe a common source of confusion--and antagonism--between parents as to when they should give (or are required to) the other parent the opportunity for additional parenting time. The controlling Indiana Parenting Time Guideline (“IPTG”), states “[w]hen it becomes necessary that a child be cared for by a person other than a parent or a family member, the parent needing the child care shall first offer the other parent the opportunity for additional parenting time.”i This provision is commonly referred to as the “First Right of Refusal.” However, the IPTGs do not define the term “family member.” In a general ...
January 17, 2012CD
At Ciyou & Dixon, P.C., one of many aspects about Indiana law we can relay with pride to our clients, along with members of the public, bench and bar in other states, is Indiana has one of the most efficient intermediate courts, the Indiana Court of Appeals, in the United States. And, correspondingly, the highest Court, the Indiana Supreme Court is known throughout the Country for key decisions on important issues of the day. An inherent component in the successes of Indiana’s higher Courts is their uniformity, stability and continuity. This bolsters the law by making it most evenly applied throughout ...
January 10, 2012CD
Unlike trials where a judge receives information at many levels, in writing, by testimony, and through body language, and, importantly, the interaction all have with each other, appeals are based on flat and cold records (transcript of word-for-word proceedings and exhibits admitted). Thus, the sole means the Indiana Court of Appeals, Supreme Court, or any other appellate court reviews the case is in writing (although sometimes there are oral arguments). Writing ability is thus important. At Ciyou & Dixon, P.C., we believe a hallmark of a good appellate brief is a client reading it and believing it tells his or her ...
November 17, 2011CD