It is time for another update on the Great Marriage Debate in Indiana. On June 25, 2014 a ruling by Chief Justice Richard Young of the United States District Court for the Southern District of Indiana found the ban on same-sex marriage in Indiana unconstitutional, violating both the Due Process and Equal Protection clauses of the 14th Amendment1. In their arguments, the Plaintiffs (parties bringing the action) argued that the State of Indiana was impeding on their fundamental right to marry, and therefore, its laws violated the Due Process Clause.2 The Court held that the Defendants did not meet their burden ...
October 30, 2014CD
These days, a lot of businesses are asking employees, especially those in positions that hold proprietary information, such as sales, technology, and product development, to sign non-compete agreements. But what is a non-compete agreement, and is it enforceable? A non-compete agreement is a contract between two persons or business entities (a company and employee or a person selling/buying a business). The contract essentially says that the employee, or seller of a business, will not open up another business, work for a competitor, or compete in the same business market place for a period of time. This agreement is to protect employers ...
October 28, 2014CD
Child Support is generally ordered in every case where there is a minor child(ren) in a divorce or paternity (child born out of wedlock) case. There are 3 main ways to terminate a child support order: Emancipation – Age – In Indiana, a child support order continues until the child reaches the age of 19 (previously 21), by statute. Some courts will automatically terminate a wage withholding order, and stop withdrawing funds from your paycheck upon the child turning 19, but in other cases, you may need to file a motion with the court to stop child support. Financial support for a ...
October 23, 2014CD
There are a variety of cases involving child custody matters, including third party custody, de facto custodian custody, guardianships (and termination of guardianship), divorce, post divorce modification, relocation of a parent, and paternity. In fact, many of these types of cases can overlap and include more than one type. For example a post divorce decree custody modification can be as a result of the custodial parent relocating. In many cases where custody, or even parenting time, is contested, the court and attorneys may utilize one of several types of evaluations to help provide the court with insight into the matter. The ...
October 21, 2014CD
There are several people/entities that can bring a case to establish paternity of a child born out of wedlock. Specifically, either parent, the child, a department or county office of family and children, and a prosecuting attorney1. Generally, the county prosecutor can file an action to establish paternity on behalf of the Title IV-D (often referred to a Title Four D) office when there are issues of child support, and/or recouping costs from both parents for prenatal care, and costs of the birth of the child if the mother received state or government assistance with paying those costs up front. The ...
October 7, 2014CD
In any custody case, either divorce or paternity, where there are minor children, generally the non-custodial parent is ordered to pay a weekly child support amount (there may be some rare circumstances where the custodial parent pays, or no child support is ordered). However, what happens after the court order is issued, and the parent obligated to pay STILL does not pay? These are 5 common tools used to collect child support. 1. Contempt. File a contempt action for non-payment. This often results in a court order to pay extra each week towards the arrearage, and some other sanctions, as the court ...
August 14, 2014CD
The current state of marriage in the United States continues to shift and morph, adapting to the current climate of marriage and divorce in the country. The trends away from the traditional notion of “family” has caused a shift in trends from the traditional custody determinations. In previous decades, mothers were often granted custody over fathers. This was claimed to be due to bonding or mothers’ ability to parent more effectively. However, there is a national shift away from this presumption. States, including Indiana, are moving more toward the notion of joint or equal custody or parenting time (or something closer to ...
July 3, 2014CD
In a matter involving custody, one big issue parents often face are records regarding the children- medical/health records are just one (1) common example. But who all has access to these records? In short, it depends. Generally, both the custodial and non-custodial parents are entitled to access to the children’s health records. Both parents are equally able to call up a provider and request records. If there is a protective order or other limitation on one parent, these records may not be accessible. But under Indiana law1, both parents are generally entitled to their children’s health records. There are limitations to information ...
May 29, 2014CD
In Indiana, it is unlawful for a serious violent felon, whether convicted in Indiana or another state, to possess a firearm1. However, when applying for a concealed firearms permit, or to purchase a firearm, you may be denied for a myriad of other reasons. Indiana, like most states, are updating their criminal records to online systems, which provide for quicker and more thorough background checks, however, there may be occasions where old criminal records are updated incorrectly. In other cases, a conviction, or criminal charge may be so old, that one has forgotten about it, and innocently failed to disclose ...
March 11, 2014CD
When a party determines that a marriage has been irretrievably broken, there are often several questions about how the process gets started-essentially the who, what, when, and where. These details often depend on the circumstances of the parties, but there is general information regarding filing for divorce that can help a person filing better understand the process. Who? Either party can file for divorce. Indiana is a no-fault state, so one party does not have to show the other party acted badly (ex. had an affair). The party filing must allege an irretrievable breakdown of the marriage (the most common) or ...
March 6, 2014CD