One key aspect of human nature is to see our problem(s) as more important than everyone else’s problems. In addition, the need for a timely resolution of any given stressor is important to living a fulfilled life. As domestic advocates at Ciyou & Dixon, P.C., we observe these two factors collide and often create great duress for clients when child/ parenting time disputes arise. The protective nature of a parent (with perhaps some unresolved emotion from the divorce itself) necessitates a dispute be settled NOW! Unfortunately, many of these matters occur at the margins of what the Indiana Parenting Time Guidelines ...
February 28, 2012CD
What You Need to Know About the Social Security Disability Exception An area of domestic law Ciyou & Dixon, P.C. attorneys observe clients sometimes very upset relates to Social Security Disability payments. For a long time, the Child Support Rules and Guidelines and controlling case law was vague and undeveloped as to whether such lump-sum awards could be applied to child support at all. In fact, despite the breadth of decisional law, this matter was not resolved in any definitive way until 2006. At this time, the Indiana Supreme Court issued its Brown decision (Brown v. Brown, 849 N.E.2d 610 (Ind.2006)). In ...
February 23, 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
At some level, law is unique because it is a model based largely on conflict and dispute and the concept of fault. Most every person or business entity takes issue with being at fault. In the ideal world (which few of us ever experience because life is a messy, non-linear process), the legal system’s foundational laws prevent conflict by an ever-developing body of law responsive to society. Where this is not the case, litigation in a trial court may ensue. Short of an agreement upon which it terminates, a party will more or less win or lose in typical cases. In ...
November 15, 2011CD
At Ciyou & Dixon, P.C. we understand and observe the typical civil or criminal litigant has little understanding of the appellate process. Our firm position is the more informed a client is about a matter (recognizing not everything on-line is accurate or without a political slant), the better job he or she may do in aiding his or her client with an appeal. As a general note, appeals of cases are not common relative to the number of bench and jury trials conducted throughout the state. They are “big deals” because if thoroughly researched and written, they are time consuming, expensive ...
November 10, 2011CD
Ciyou & Dixon, P.C. has a significant practice area addressing civil and criminal appeals taken to the Indiana Court of Appeals and sought to be transferred to the Indiana Supreme Court. Typically, these cases come by referral from other attorneys or because a litigant wants to change counsel for a fresh appellate perspective. We find that in meeting with most appellate clients, there are a number of checklist items that a client may bring to keep costs down (i.e., to keep the lawyer from spending time collecting something the client may easily obtain) and make for meaningful appellate consults and representation. They ...
September 8, 2011CD
Is it true a custodial parent can be ordered to pay the non-custodial parent child support? At Ciyou & Dixon, P.C. we field a wide array of child support questions. These range from advising clients about collecting large child support arrearages to what to do with erratic income as a parent-payor. Most of these issues are ones the general legal consumer will never encounter, and which are frankly, not that interesting and downright boring. There are exceptions. One is “negative” child support. This is where the custodial parent (the parent who has the children the majority of time) might have to pay ...
June 21, 2011CD
A custody, parenting time and relocation evaluation may be requested and ordered by a domestic court where any of these contested matters are at hand: child physical custody (its initial determination or modification); legal custody, parenting time, and/or relocation. Such evaluations are a vital tool (of many) to consider in any given custody issue. At Ciyou & Dixon, P.C. we often find the place to start with a client we represent in such matters is with a fundamental explanation of terms. This ensures attorney and client are “singing from the same sheet of music.” Thus, where you the reader face a similar ...
June 7, 2011CD