A QDRO (pronounced quadro) is a Qualified Domestic Relations Order. A QDRO is used to divide certain types of financial accounts, such as retirement 401K and IRA. This is necessary because these financial accounts often have restrictions for withdrawing funds, unlike a cash savings account, such as major tax consequences. Remember that when a couple divorces, all of the assets and debts either party owned before or during the marriage must divided equally (there are some exceptions for an unequal division). This includes investment accounts such as brokerage accounts, IRAs, 401Ks, cash, real estate, tangible property (furniture or collectibles), etc. Yes, ...
February 27, 2014CD
The news outlets and social media have been abuzz with gay marriage rights in the past few years, with laws changing, and debates being had from all political parties and religions, discussing the right for someone of the same gender to marry. In Indiana, two men, or two women, may not marry. In fact, even if the couple married legally in a state where gay marriage is legal, Indiana’s laws state that Indiana does not have to recognize that marriage as valid1. A marriage between a same sex couple is void in Indiana. However, a recent Indiana Court of Appeals addressed ...
February 11, 2014CD
Family and domestic law cases, including divorce and paternity are civil cases. There are no criminal charges, and the case is heard by the bench (judge), not a jury. In some Indiana counties, there are separate civil and criminal courts. In other counties, both types of cases are heard in the same court. For the most part, the realms of family law and criminal law do not generally and frequently overlap. However, there are instances when criminal law becomes intertwined in a family law matter. Criminal law can become an issue in family law matters if there is domestic violence, abuse ...
February 6, 2014CD
When an emergency happens involving illegal activity, often there is a fear to get help or assistance, due to the concern that the others present will be in trouble. However, recently, Indiana has passed legislation that protects those calling for help for someone who needs assistance from facing criminal consequences in certain circumstances1. Under what is referred to as the Lifeline Law, in Indiana, if a person requests medical assistance for another in need due to alcohol consumption, even if the person reporting has been drinking and is underage, the person reporting will not be prosecuted. So, for example, if there are ...
February 6, 2014CD
As an attorney working in the firearms arena on a daily basis, I am learning new legal concepts, ideas and ways of looking at things everyday. At the same time, I also get the earful of urban myth. One of the more common is that Indiana is doing away with its lifetime License to Carry Handgun permit. And once you have it, it cannot ever be suspended or revoked. Both are untrue. In fact, just like a driver’s license, certain acts or omissions with a firearm may result in your license being suspended pending a hearing. One basis for a gun ...
January 29, 2014CD
It may seem surprising in a state of just 6.5 million people, but Indiana has hundreds of thousands of adult residents who have an Indiana License to Carry Handgun. In addition, the Legislature, Courts and Executive Branch are fairly favorable to gun rights, and our laws have set precedent throughout the United States - not to be confused or equated with gun violence and improper gun use for which we all agree is a tragedy and gives lawful and safe gun owners a bad reputation. This background, coupled with computerization, has led to old arrests being placed on the NICS background ...
January 29, 2014CD
The House Extends the 1988 Federal Undetectable Fireamrs Act When the Austrian Glock 17, Generation 1 (in 9x19), hit the United States in the mid-1980s, some believed the new-fangled (and misunderstood) polymer frame pistols would not set off security alarms and claimed these handguns could pass through airport security metal detectors without detection. That is just science fiction, as the slide and barrel are steel, magazine spring, and cartridges and would be easily detectable. This ultimately led Congress to quickly pass The 1988 Undetectable Firearms Act that President Regan signed into law. Now, millions of Glocks, of many variants ,different calibers, and ...
January 16, 2014CD
Now that the holidays are over, and winter is upon us, inclement weather can unexpectedly cause travel problems and get in the way of normal parenting time exchanges. If the recent storms in Indiana have taught us anything, it is to be prepared for bad weather that can cause schools, work, and all travel to be canceled. If you are ordered to follow the Indiana Parenting Time Guidelines (or if you have some other parenting time arrangement, the IPTG can serve as a good guide to what the court is likely to consider exceptions to normal parenting time), the Guidelines state ...
January 14, 2014CD
Often, during divorce or paternity matters, physical custody (who the child lives with) is either divided jointly or one parent is granted custody and the other parent is granted parenting time1. But what about parties who are not parents? Can they get visitation with the child? There are three main categories of parties who can petition the Court for visitation: parents, stepparents, and grandparents2. However, just because one of these persons wishes to have visitation, there are still hurdles to overcome. For example, Grandparent Visitation is governed in Indiana by statute3 and a Grandparent seeking visitation with a child must show ...
December 31, 2013CD
On Monday, October, 21st, the Indiana Court of Appeals announced the appointment of a new chief judge, Judge Nancy H. Vaidik to succeed Judge Margret G. Robb, who will start her term on January 1, 2014.1 Judge Vaidik is only the second woman, after Judge Robb, to hold the coveted title of Chief Judge of the Indiana Court of Appeals. The Chief Judge’s roll is to represent the Court at public and private events and ceremonies, and also serves as the Court’s liaison to the legislative and executive branches (the Governor of Indiana and the Senators and Representatives for the ...
December 26, 2013CD